Grandparent forcing name change

[ohiomom]

I have another question about the grandparents suing for visitation for my friends 5 month old child. My friend received court papers today, the grandmother is petitioning the court for visitation rights,paternity test, which she wants my friend to pay for, and if the paternity test proves her son is the father, she wants the court to order my friend to change the childs last name to her sons and have him put on the birth certificate. The father in question is now deceased. Could the judge actually consider ordering the name change?
Doesn't the mother of the child have any rights in this matter. My friends attorney says that the grandparents visitation rights is relatively new and really doesn't know what will happen. Can anyone out there answer this for me, I would appreciate any info you could give us. Thanks.

 

[ohiogranny]

Normally a grandparent sees their g'child when their child has parenting time (if the parents of the child are not living together). So certain conditions have to exist for the g'parents to get time with the g'child, one of them being if their child (the parent) is deceased.

"Ohio has authorized grandparent companionship or visitation rights by statute
in three circumstances: (1) when married parents terminate their marriage
or separate, (2) when a parent of a child is deceased, and (3) when the child
is born to an unmarried woman. In such cases, a court may order reasonable
visitation if it is in the best interest of the child."

There was a fairly recent case in Ohio where the g'parents won visitation after the death of their daughter, against the living parent's wishes, but the child had lived with the mother with the grandparents for several years, so there was a bond established. But this case set a precedence for GP visitation, with the best interest of the child in mind.

G'ma can sue for visits, but there is no guarantee of success. G'parents have no inherent rights to their g'kids, so I believe she is off base as far as the name change goes. She might be able to get the DNA test and have Dad put on the birth certificate, but I'm not sure.

What does the attorney think? What county are you in?

 

[Duranie]

The courts likely are not going to award this grandmother anything, but maybe some visitation if she is lucky. If paternity is established after the fact she can apply for social security survivors benefits. I am pretty sur ethe courts will not make her change the babies last name since they were unmarried, and paternity was not established while he was alive.

Mom can countersue asking for grandma to pay her court fees as well.

 

[dimplez991999]

Normally a grandparent sees their g'child when their child has parenting time (if the parents of the child are not living together). So certain conditions have to exist for the g'parents to get time with the g'child, one of them being if their child (the parent) is deceased.

"Ohio has authorized grandparent companionship or visitation rights by statute
in three circumstances: (1) when married parents terminate their marriage
or separate, (2) when a parent of a child is deceased, and (3) when the child
is born to an unmarried woman. In such cases, a court may order reasonable
visitation if it is in the best interest of the child."

There was a fairly recent case in Ohio where the g'parents won visitation after the death of their daughter, against the living parent's wishes, but the child had lived with the mother with the grandparents for several years, so there was a bond established. But this case set a precedence for GP visitation, with the best interest of the child in mind.

G'ma can sue for visits, but there is no guarantee of success. G'parents have no inherent rights to their g'kids, so I believe she is off base as far as the name change goes. She might be able to get the DNA test and have Dad put on the birth certificate, but I'm not sure.

What does the attorney think? What county are you in?

I am the friend that is going through all this with my son(5months) we are in Sandusky county and there are NO SURVIVAL BENEFITS available,, the deceased father worked under the table for at least ten years prior for his brother...the SSA informed that there is nothing available for my son..so when the DNA proves he is the father it has no benefits for us, my son has been diagnosis with Cancer and has had major surgery within the last month, grandparents have been informed on his condition and yet no response reguarding his recovery or medical status and made no attempts to see my son.. I received the papers for the paternity and all other visitation when he was 6 weeks old, from day one of this pregnancy the family has distressed and denied me and my son and called us everything in the book but FAMILY..multiple threats, slandering, and verbal harrasment is all I have ever received from the grandparent seeking visitation, clearly the best interest of my son is to be as far away from that family as possible, I wasn't allowed to go to the funeral or visitation of my son's father, wasn't allowed at his house when he was alive(he lived with mother), and was jumped and fought by his sister at a family outing, this family has a serious Domestic Violence/Drug and Alcohol issue and fear for the safety of my son if they are awarded any rights... the lawyer advised me that when DNA proves it they will add his name to the birth certificate and issue a new one, is that possible and what can I do to protect my family... also can the grandparent stop me from moving away if visitation is awarded? how can I approach NO CONTACT or Supervised only IF they weasel there way into our life??