Attorney says warrant issued for mother refusing grandparent visitation, citing concerns

LORAIN, Ohio – A warrant has been issued for a young widow, who according to court records, is refusing to allow her children to visit with the mother of her deceased husband, stating concerns for their well-being.

The visitation case has been ongoing for about 8 years and Lindsey Eberhardt, of Avon Lake, has already been sent to jail once for not allowing the visitation.

She was set to appear before Lorain Domestic Relations Judge Frank Janik on Friday, but did not show up. A warrant for her arrest was issued.

Eberhardt was found in contempt of court in September after she refused to follow a court order to allow Melva and Scott Sherwood monthly visitation.  Melva Sherwood is the paternal grandmother of Eberhardt’s two children.

“My client did not appear for her sentencing. I can only assume she did what she thinks was necessary to protect her children,” said Atty. Jonathan Rosenbaum. “She has been concerned about the grandmother continuing the same bizarre behavior that the judge found harmed her children and told grandmother to stop.”

According to court documents, when Judge Janik granted the Sherwoods visitation he gave stipulations on the visits, including instructing the grandmother couldn’t overly control the daily activities of the children.

On September 21, Judge Janik sentenced Eberhardt to 30 days in Lorain County Jail. Then on September 27, the Ohio Supreme Court ordered Eberhardt released after her attorney filed a writ of habeas corpus.

But last month, the state Supreme Court dismissed the habeas corpus, and Janik set a sentencing hearing for Eberhardt.

The attorney for the Sherwoods previously told FOX 8 that Melva Sherwood is a loving grandmother, who wants a relationship with her grandchildren. The grandmother also made allegations that an attorney appointed by the court as guardian ad litem became romantically involved with Eberhardt.

Notice: you are using an outdated browser. Microsoft does not recommend using IE as your default browser. Some features on this website, like video and images, might not work properly. For the best experience, please upgrade your browser.