Grandparents can play a very important role in a child’s development. Today, many parents still rely on their parents to help raise their children or to delegate some caretaking responsibility, in order to maintain full-time employment and to maintain prior commitments. When a divorce proceeding begins, many couples begin to reassess who will be caring for the child, when, where, and how often, which could result in changes to grandparents’ visitation rights.
Sometimes, unfortunately, a grandparent who played a critical part in the child’s life up until that point may have his or her time taken away or reduced due to custody battles. However, grandparents should know that they also have the right to see their grandchildren when a divorce occurs.
Grandparents’ Visitation Rights in Ohio
Visitation rights vary state to state, but in Ohio, grandparents have a right to file for visitation if they have an interest in the welfare of the child and it is in the child’s best interests to maintain this relationship.
Grandparents can file a Motion for Visitation in divorce proceedings while the divorce decree is being entered or even after the divorce is granted to include grandparents in the custody and visitation proceedings. Under state statute, visitation rights will be granted in a limited number of situations.
The law grants visitation rights if the parents terminate their marriage or legally separate if the parent of a child in question is deceased, and also when the child is born to parents who are not married. Additionally, the court will still assess whether this is in the child’s best interests. Courts will also weigh the parents’ wishes when determining whether the award for visitation is appropriate.
Termination of Rights
Grandparents’ visitation rights, just like parents, can be terminated or amended by the court under certain terms. If one parent of the child can show the court that there has been a change of circumstances, affecting the best interests of the child, it will impact the previously granted visitation orders for the child.
Remarriage of the parent will not affect the parenting time and visitation rights granted to a grandparent by the court. Courts are generally understanding about a grandparent’s desire to continue being part of a grandchild’s life, especially when the relationship is previously established.
Entitled to Rights?
If you or someone you know is considering filing for visitation rights, call the experienced legal team at Lawrence Law Office today at 614-228-3664 for a consultation or email us using our website or lawrence@lawrencelawoffice.com.
