Visitation for Grandparents under Ohio Law
Under Ohio law, Grandparents may pursue visitation rights with their grandchild(ren) in certain situations, such as when:
- Married parents terminate the marriage or separate
- A parent passes away;
- The child’s mother is unmarried; or,
- A child is deemed abused, neglected, or dependent.
A Court will more than likely grant visitation time to a grandparent in a proceeding for divorce, dissolution, or legal separation if the grandparent files a motion in the appropriate court seeking visitation rights. If the Court agrees with the said motion and finds that it is in the best interest of the minor grandchild(ren) then the Court may award reasonable visitation time.
If a parent were to pass away, a parent (grandparent) of the deceased parent may file a motion to obtain grandparent visitation. The motion must be filed where the grandchild(ren) reside(s). If the Court agrees with the said motion and finds that it is in the best interest of the minor grandchild(ren), then the Court may award reasonable visitation time.
If a grandchild was born to an unmarried woman, or out of wedlock, then the Court may award, upon a motion and a finding that it is in the best interest of the minor grandchild(ren), visitation to the maternal or paternal grandparents.
Before a court awards grandparent visitation rights, it will consider all relevant statutory factors before doing so, which includes, but is not limited to:
- The wishes and concerns of the child’s parents;
- The prior interaction and interrelationships of the child with parents and other relatives;
- The location of the grandparent’s residence and its distance from the child’s residence;
- Availability of the child;
- 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 the parties; and,
- Whether the person seeking visitation has been convicted or pleaded guilty to any criminal offense involving an act that resulted in a child being abused or neglected.
If any of these factors apply to you or a loved one, it is important to discuss your options with an attorney. We at White Law Office, Co., will be happy to discuss options available to you and if applicable, will be happy to represent you in pursuing your grandparent visitation rights