Ohio Family Law

Parents vs. Non-Parents in Ohio Child Custody Actions

Parent versus Non-Parent actions generally present themselves when either one parent dies, is incapacitated, or is otherwise unable to fulfill their parental duties. The easiest way to prevent these actions, or at least to prepare for them, is to include a provision in one’s parenting plan providing that upon the death or incapacity of one of the parents, custody shall vest in the other parent. Unfortunately, many parenting plans do not provide for such, which can lead to contentious litigation between parents and non-parents (in most case grandparents) in custody actions.