Grandparent Issues & Rights

Under Ohio law, some circumstances afford grandparents visitation rights with their grandchildren. Anne Catherine Harvey is a Dayton grandparent’s rights attorney and has helped grandparents succeed in visitation matters.

Before awarding visitation to grandparents, the court considers relevant factors, including:

  • Wishes of the parents
  • Child’s relationships with the grandparents
  • Grandparents’ geographical location and distance from the child’s residence
  • Available time of parents and child
  • Child’s adjustment to home, school, and community
  • Child’s wishes
  • Child’s age, health, and safety
  • Agreements between parties pursuant to court-ordered mediation and other proceedings

Historically, grandparents had no legal right to visitation and parents solely determined who may have access to their children. Ohio statutes authorize grandparent visitation rights under these circumstances:

  • When married parents divorce or separate
  • When a parent of a child is deceased
  • When the child is born to an unmarried woman
  • When the parents agree

Under the above circumstances, the court may order reasonable visitation if to do so is in the best interest of the child. Grandparent visitation rights may be granted during or after divorce, separation, dissolution, or following the death of a parent. To be awarded visitation rights, grandparents must file a request for visitation. The court decides whether grandparents should be ordered specific visitation rights and, if so, how often and under what conditions.  Rules governing temporary custody of abused, neglected, or dependent children encourage visitation between children in foster care and their families.
Dayton Grandparent Visitation Rights after Adoption

Even if a child’s parent marries or remarries, the court still has the authority to grant or modify Dayton grandparent visitation. Stepparent adoption does not affect grandparent visitation under these conditions:

  • Deceased parent. Ohio law states a grandparent’s right to visitation is neither restricted nor curtailed by adoption if a parent is deceased. Nor does the adoption change the court’s authority to grant reasonable visitation rights.
  • Parental status unchanged by adoption. When a parent retains parental rights after a stepparent adoption, the grandparents are also entitled to seek visitation with the grandchild.

Grandparent visitation rights may be terminated by adoption depending on the nature of the case. However, if denied visitation, grandparents may file a written request for findings of fact and conclusions of law, and the court must provide a written finding of why the grandparents were denied.

Consultation about Grandparent Issues

Anne Catherine Harvey understands the emotions connected to Dayton grandparent visitation rights. Anne’s knowledge and understanding of grandparent issues can provide valuable legal assistance. Ohio law is complex and uncertain when it comes to grandparent issues. Contact Anne today to discuss your Ohio grandparent rights.