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Grandparent Rights in Ohio

Grandparents have legal rights to their grandchildren in Ohio which include custody and visitation. Unlike many other states, Ohio actually recognizes Grandparent rights to visit and care for their grandchildren through statute – ORC 3109.051.

Grandparents have legal rights to their grandchildren in Ohio which include custody and visitation. Unlike many other states, Ohio actually recognizes Grandparent rights to visit and care for their grandchildren through statute – ORC 3109.051.

Grandparent Visitation in Ohio
Ohio has authorized grandparent companionship or visitation rights by statute in three circumstances: (1) when married parents terminate their marriage or separate, (2) when a parent of a child is deceased, and (3) when the child is born to an unmarried woman. In such cases, a court may order reasonable visitation if it is in the best interest of the child.

Under Ohio law, a court can award visitation rights to a grandparent during or after a domestic relations proceeding if the grandparent has an interest in the child’s welfare and visitation is in the child’s best interest. A court can also award visitation rights to a grandparent if a parent is deceased or the child’s mother was unmarried when the child was born. Before awarding grandparent visitation rights in Ohio, a court must consider all relevant factors, including all factors listed in the statute. It is important to have fact-based evidence and a proper presentation of your case. If you have questions about whether you can petition a court for grandparent visitation or even custody rights, Shur Law provides a free consultation and we have experience with cases involving grandparent rights in Ohio.

Relevant Factors Considered by the Court for Visitation
What do grandparents need to prove in court in order to obtain visitation of their grandchildren? Before issuing an order for grandparent visitation, the court will consider all relevant factors, including certain factors specified in statute. These factors include 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; the child’s age, well-being, and the child’s wishes. The court will consider the situation in its entirety and ultimately base its decision on the best interest of the child.

Grandparent Rights Post-Decree
What if grandparent rights have been ordered by the court and the parents do not follow the court order? A grandparent can bring an action against the parent(s) for failure to comply with the court’s order. Anyone who does not follow a court’s order may be found guilty of contempt, be ordered to pay fines or serve jail time, or both. Further, a court may also require those in contempt of a court order to pay reasonable attorney’s fees and court costs for the party who brings the motion in contempt. A court may also award compensatory visitation of the grandchild(ren) in order to make up for missed visitation time due to the parents not following the court order.

Contact Shur Law at (513)448-4099 for a free consultation if you have questions or need advice about your grandparent rights to visitation or custody in Ohio. We offer a free initial consultation and have experience in grandparent rights in Ohio.