Virginia 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.

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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.

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Sometimes, 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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In 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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This 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.

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Need 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.

 

 

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

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