Toledo grandparents can get visitation rights, but it's not easy

Dale Emch

Contributor

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Dale Emch's newspaper column in the Toledo Blade on Sunday focused on two issues: property rights and grandparents visitation.

A reader asked whether she had a right to visit her grandchildren. The quick answer is that in Ohio, grandparents can petition a court for visitation rights, but it may be an uphill battle. Judges base their decisions on whatever is in the best interest of the child.

That said, judges also must give special weight to the wishes of the parents. The U.S. Supreme Court has ruled that parents have a fundamental right to determine how their children are raised. So, judges have the tough job of weighing the parents' wishes with what they think would be best for the child.

Another reader asked about whether he had a right to cut a tree limb that hung over into his yard. My answer was that at common law, property owners have the right to cut a branch or limb at the point it crosses the property line.

That said, just because the law is on your side doesn't mean you should do something. I advised that the common sense approach would be to contact the neighbor to see if an agreement can be reached before just chopping away.