Grandparent’s Rights
Ohio has created grandparent’s rights by statute and authorized grandparent companionship or visitation rights in certain family situations. The court may order reasonable Grandparent companionship or visitation if it is in the best interest of the child.
Grandparents rights when married parents terminate their marriage or separate: The court may grant companionship or visitation during or after the parent’s court case for divorce, dissolution of marriage, legal separation, annulment or child support. If the parents are separated and no court case is filed, the law does not allow for grandparents to file for companionship or visitation against the parent’s wishes. However, this rule does not apply in cases where a child is alleged to be abused, neglected, or dependent.
Grandparent’s rights when a parent of a child dies: A parent of the deceased parent may file in court to request companionship or visitation with a minor child or dependent child.
Grandparent’s rights when a child is born to an unmarried woman: The court may grant visitation or companionship to the maternal grandparents if a child’s mother is not married. The court may grant visitation or companionship to the paternal grandparents if a child’s parents are unmarried AND the Father has legally acknowledged the child or the parentage of the child is genetically determined through a court case. This means for instance that the Father has signed and is listed on the child’s birth certificate or the court has determined through genetic testing in a case that parentage is established.
Grandparent’s rights when a child is adopted: When a child’s parent has died Ohio law provides that the parent of the deceased parent may file in court for companionship or visitation. Even if a stepparent subsequently adopts a child the parent of the deceased parent may still file for companionship or visitation. However, if a child’s parents are divorced or separated or a child is born to an unmarried woman, a decree of full adoption without any reservation of parental rights terminates all prior legal relationships regardless of whether the child is adopted by strangers, relatives, or a stepparent.
Factors included for determining Grandparent companionship or visitation rights:
- The wishes and concerns of the child’s parents;
- The child’s prior interaction and interrelationships with parents and other relatives;
- The location of the grandparent’s residence and its distance from the child’s residence;
- The child’s and parents’ available time;
- The child’s age;
- The child’s adjustment to home, school, and community;
- The child’s wishes, if the court has interviewed the child in chambers;
- The child’s health and safety;
- The amount of time that a child has available to spend with siblings;
- The mental and physical health of all parties;
- Whether the person seeking companionship or visitation has been convicted of or pleaded guilty to any criminal offense involving an act that resulted in a child being abused or neglected.
R. A. Parish Law, LLC can help you evaluate your case and evaluate your possible Grandparent’s Rights. No Cost, No Obligation 30-Minute Consultation.