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Law Offices of Virginia C. Cornwell

(614) 225-9316
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When a single mother passes away in Ohio, paternity, custody and visitation issues may need to be resolved.

August 28, 2014

Lawyers Child Custody, Columbus Lawyers Child Custody, Ohio Lawyers Child Custody, Child Custody Lawyers, Child Custody Attorneys, Child Custody Attorney, Child Custody LawyerVirginia Cornwell is a OSBA Certified Family Relations Specialist, and practices exclusively Family Law.

In Ohio, if a single mother dies, issues will arise regarding who is going to raise her children and who may have visitation with the children.

CALL NOW  at (614) 225-9316

In this situation, if the father wanted to obtain custody of his children, he would need to establish paternity, if it was not already done.  He would need to file his complaint to establish a parent-child relationship (establish paternity), as well as his complaint to allocate parental rights and responsibilities (get custody).  Once paternity is established (see our other articles), the court can make orders regarding custody.  Given that the mother has passed away, a court may be willing to hear an emergency custody motion.

CALL NOW  at (614) 225-9316

grandparents rights attorney in, grandparents lawyer, grandparents attorney, grandparents visitation lawyer, grandparents visitation lawyers, grandparent visitation lawyerSometimes, in the situation of a single mother, grandparents may have been very active in the child’s life, perhaps more so (in their opinion) than the father.  In this situation the grandparents sometimes feel entitled to custody of the child, especially if the mother made her wishes clear on the matter before she passed away.  However, Ohio law is clear.  The rights of the father in this situation supersede those of the grandparents, unless the grandparents can demonstrate that the father is unfit.  For more information about the legal standards for a court to find a parent unfit, click HERE.

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grandparents custody lawyer, grandparents custody lawyers, grandparents custody attorney, grandparents custody attorneysIn the case of terminal illness, the mother may know in advance that she is going to pass away.  She may have executed a will that says who she wants to be the custodian of her child.  This statement in her will is only a statement of her preference, it does not transfer custody of the child upon her death.  Despite the mother’s statement in her will, the father’s rights trump those of the grandparents.  Unless the father is an unfit parent, if he seeks custody of his children, he will get it.

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ohio grandparents rights attorney, ohio grandparents rights attorneys, ohio grandparent rights lawyer, ohio grandparents rights lawyersThis does not mean that grandparents cannot seek visitation.  For more information on grandparent visitation, read one or more of our many articles about grandparent rights by clicking the category in the left black column, and then select an article.  You may also select the topic in the right hand black column.

CALL NOW  at (614) 225-9316

Ohio Father's Rights Lawyer, Ohio Father's Rights Attorney, Columbus Father's Rights Attorney, Columbus Father's Rights Lawyer, Columbus Father's Rights LawyersNeed some help? We would be happy to schedule a consultation with you.  Please give us a call, and one of our Ohio Child Custody Lawyers will meet with you to discuss your case.

Columbus Father's Rights Attorney, Columbus Father's Rights Lawyer, Columbus Father's Rights Lawyers, Columbus Father's Rights Lawyers

 

 

Virginia Cornwell is an Ohio State Bar Association Certified Family Relations Specialist.

DISCLAIMER – Read it, it’s important!

Comments

  1. LB says

    October 4, 2022 at 12:44 pm

    Do my son have to give up his rights to his son so his grandmother can get medical insurance for him. She lives in Ohio and her daughter passed away, she had a baby by my son.

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AREAS OF PRACTICE

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1. This site applies to the state of Ohio and matters of federal law only.
2. The info on our site is not legal advice because we don't know the facts of your case. If you want legal advice, you must meet with a lawyer.
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(614) 225-9316

Ohio Child Support Guidelines Calculator

Ohio Child Support Guidelines Calculator

Blogroll

  • Columbus Ohio Divorce Lawyer

Read this before you read our website

1. This site applies to the state of Ohio and matters of federal law only.

2. The info on our site is not legal advice because we don't know the facts of your case. If you want legal advice, you must meet with a lawyer.

3. Reading this website or sending documents to us does not create an attorney-client relationship and information or documents you give us will not be kept confidential unless you call us, tell us who is involved in your case, and let us do a conflict of interest check.

AREAS OF PRACTICE

  • Annulment of Marriage
  • Appeals
  • CERTIFIED SPECIALIST – OSBA Certified Family Relations Specialist
  • Child Support
  • Columbus Ohio Collaborative Family Law
  • Contempt of Court
  • Custody
  • Dissolution of Marriage
  • Divorce
  • Divorce & Alimony
  • Divorce & Assets
  • Divorce & Business Owners
  • Divorce & Child Support
  • Divorce & Custody
  • Divorce & Professional or Medical Practice Owners
  • Family Law
  • Father's Rights
  • Franklin County & 88 Ohio Counties
  • Grandparents Rights
  • Legal Separation
  • LGBT Family Law, Divorce, Custody
  • Military Divorce
  • Mother's Rights
  • Moving & Relocation
  • Ohio Collaborative Divorce
  • Parental Alienation
  • Paternity
  • Post-Decree Modifications
  • Prenuptial & Antenuptial Agreements (Prenup)
  • Shared Parenting
  • Temporary Orders in Ohio
  • Uncontested Divorce
  • Unmarried & Never Married Parents
  • Visitation
(614) 225-9316

OHIO STATE BAR ASSOCIATION CERTIFIED FAMILY RELATIONS SPECIALIST

Ohio Bar Association Certified Family Law Specialist

INFORMATION

  • Adoption (4)
  • Alimony or Spousal Support (3)
  • Annulment (5)
  • Appeals (3)
  • Child Custody (39)
  • Child Support (15)
  • Civil Protection Orders & Domestic Violence (3)
  • Collaborative Divorce (1)
  • Contempt & Enforcement (12)
  • Dissolution , Amicable Divorce, No Fault Divorce (15)
  • Divorce (45)
  • Emergency Custody and Supervised Visitation (3)
  • Father's Rights and Paternity (12)
  • Grandparents Rights in Ohio (14)
  • Guardian ad Litem (3)
  • High Asset Divorce (2)
  • Interstate Family Law (2)
  • Jurisdiction and Venue (6)
  • Legal Separation (5)
  • LGBT Family Law (6)
  • Mediation (1)
  • Military Family Law (3)
  • Mothers' Rights (2)
  • Moving and Relocation (10)
  • Ohio County Visitation Schedules (86)
  • Parental Alienation (2)
  • Post Decree Cases (6)
  • Prenuptial Agreements or Antenuptial Agreements (3)
  • Psychological Evaluations (2)
  • Shared Parenting (2)
  • Step-Parent Adoption (1)
  • Tax Issues (1)
  • Temporary Orders (5)
  • Uncategorized (14)
  • Uncontested Divorce (2)
  • Unmarried Parents (6)
  • Visitation (6)

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Recent Posts:

  • Appealing Your Ohio Family Law Judgment Entry
  • The Ohio LGBT community’s new right to marry also means the right to step-parent adoption
  • Ohio LGBT Shared Custody Agreements: Get it in Writing!
  • Columbus Ohio Same Sex Divorce Lawyer & Prenuptial Agreement Lawyer
  • Same Sex Divorce in Ohio: U.S. Supreme Court Strikes Down Bans on Same Sex Marriage

Archives:

From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Gahanna, Bexley, Blacklick, Columbus, Dublin, Hilliard, Lancaster, Westerville, New Albany, Pickerington, Powell, Upper Arlington, Worthington, Lancaster, Franklin County, Fairfield County and more. In addition, we serve clients in several Ohio Counties, including, but not limited to: Franklin County, Delaware County, Licking County, and Fairfield County.

Ohio State Bar Association Certified Family Relations Specialist

Ohio Bar Association Certified Family Law Specialist

Free Information

  • Adoption (4)
  • Alimony or Spousal Support (3)
  • Annulment (5)
  • Appeals (3)
  • Child Custody (39)
  • Child Support (15)
  • Civil Protection Orders & Domestic Violence (3)
  • Collaborative Divorce (1)
  • Contempt & Enforcement (12)
  • Dissolution , Amicable Divorce, No Fault Divorce (15)
  • Divorce (45)
  • Emergency Custody and Supervised Visitation (3)
  • Father's Rights and Paternity (12)
  • Grandparents Rights in Ohio (14)
  • Guardian ad Litem (3)
  • High Asset Divorce (2)
  • Interstate Family Law (2)
  • Jurisdiction and Venue (6)
  • Legal Separation (5)
  • LGBT Family Law (6)
  • Mediation (1)
  • Military Family Law (3)
  • Mothers' Rights (2)
  • Moving and Relocation (10)
  • Ohio County Visitation Schedules (86)
  • Parental Alienation (2)
  • Post Decree Cases (6)
  • Prenuptial Agreements or Antenuptial Agreements (3)
  • Psychological Evaluations (2)
  • Shared Parenting (2)
  • Step-Parent Adoption (1)
  • Tax Issues (1)
  • Temporary Orders (5)
  • Uncategorized (14)
  • Uncontested Divorce (2)
  • Unmarried Parents (6)
  • Visitation (6)

Recent Posts:

  • Appealing Your Ohio Family Law Judgment Entry
  • The Ohio LGBT community’s new right to marry also means the right to step-parent adoption
  • Ohio LGBT Shared Custody Agreements: Get it in Writing!
  • Columbus Ohio Same Sex Divorce Lawyer & Prenuptial Agreement Lawyer
  • Same Sex Divorce in Ohio: U.S. Supreme Court Strikes Down Bans on Same Sex Marriage

From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Bexley, Blacklick, Columbus, Delaware, Dublin, Gahanna, Hilliard, Lancaster, Marysville, Westerville, New Albany, Newark, Pickerington, Plain City, Powell, Upper Arlington, Worthington, Lancaster, Zanesville and more. In addition, we serve clients in all Ohio Counties, including, but not limited to: Franklin County, Delaware, Licking, Logan, Fairfield, Union, Marion, Muskingum, Pickaway, Ross, Richland, Madison, Morrow, Knox, and more.

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Law Offices of Virginia C. Cornwell
408 Emory St
Columbus , OH , 43230
(614) 225-9316
Latitude: 40.00734
Longitude: -82.84535