Columbus Grandparents Rights Lawyer

Family Law specialists with OVER 63 YEARS of experience.

Every state has rules regarding a grandparent’s rights to visit their grandchildren. In most cases, grandparents have few, if any, rights if theirs is not the child who was awarded custody. This can obviously be emotionally trying, especially for grandparents who have developed a rapport with their grandchildren.

The question then becomes: Do grandparents have standing in an Ohio court to use the weight of the court to force the children’s custodian to allow them visitation?

In Re Martin

In Re Martin was an Ohio lawsuit that arose in response to grandparents suing for visitation rights. The Ohio Supreme Court determined that grandparents have no intrinsic right to associate with their grandchildren.

However, they do have standing to sue given that certain conditions are met. In other words, the courts are free to consider whether or not an ongoing relationship with their grandchildren is in the best interests of the children.

FAQs on Visitation Rights for Grandparents in Columbus, OH

Q: Do grandparents have legal rights to visitation with their grandchildren in Ohio?

A: Yes, under certain circumstances, Ohio law provides grandparents with the right to request visitation with their grandchildren. Courts consider the best interests of the child when determining whether to grant visitation rights.

Q: What factors do courts consider when deciding on grandparent visitation rights?

A: Courts in Ohio will consider several factors, including the child’s best interests, the prior relationship between the grandparent and grandchild, the child’s wishes, the parent’s wishes, and any evidence of abuse or neglect.

Q: How can a grandparent request visitation rights in Columbus, OH?

A: Grandparents can file a motion for visitation in the family court where the child resides. The court will schedule a hearing to review the request and consider all relevant factors before making a decision.

Q: Can grandparents request visitation rights if the parents are still married?

A: Generally, it is more challenging for grandparents to obtain visitation rights if the parents are married and living together. However, exceptions may be made in cases where the child’s best interests are at stake, such as in situations involving abuse or neglect.

Q: What happens if one or both parents oppose grandparent visitation?

A: If parents oppose grandparent visitation, the court will hold a hearing to determine if visitation is in the child’s best interests. Grandparents must provide compelling evidence to support their request and demonstrate how the visitation would benefit the child.

Q: Can grandparents seek visitation rights after the parents’ divorce?

A: Yes, grandparents can request visitation rights following the parents’ divorce. Courts are more likely to consider grandparent visitation in cases of divorce, especially if the grandparents have maintained a significant relationship with the grandchild.

Q: Are there any special considerations for grandparent visitation in cases of parental death?

A: Yes, if one of the child’s parents is deceased, the surviving grandparents may have a stronger case to award grandparent visitation rights, particularly if they can demonstrate a close relationship with the grandchild.

Q: How does the court determine the best interests of the child?

A: The court considers factors such as the child’s age, mental and physical health, emotional ties to the grandparent, the grandparent’s ability to care for the child, and the child’s wishes if they are of a suitable age to express a preference.

Q: Can a grandparent’s visitation rights be modified or terminated?

A: Yes, either party can request a modification or termination of grandparent visitation rights if there are significant changes in circumstances. The court will review the request and decide based on the child’s best interests.

Q: Should grandparents seek legal representation for visitation rights cases?

A: It is highly recommended. Navigating the legal system can be complex, and having an experienced family law and grandparents visitation rights lawyer can help grandparents present a strong case and understand their rights and options.

The Best Interests of the Children

The courts consider this the paramount concern when determining issues of visitation or custody rights, child support, and the access of grandparents. While grandparents may not have any right under the constitution to have a relationship with their grandchildren, the statute that considers the best interests of the children gives them the right to sue for court ordered visitation rights. The catch is that they must show that denying them access will actually harm the children.

Grandparents and Divorce: When Grandparents Can Sue for Visitation in Ohio

The typical scenario involves custody being granted to the parent who is not the grandparents’ own child. Grandparents may only sue when one parent is deceased, the parents are unmarried, or the couple is divorced.

Grandparents may not sue when the couple is still together. In other words, a couple in an intact family may deny the grandparents access to the children for any reason they please.

What Does the Court Consider when Accounting for the Best Interests of the Children?

The court needs to make a determination on the best interests of the children. Just because it excludes one parent from having access to the children doesn’t mean that parent’s own parents should be restricted from having access to the children. This is particularly true when those grandparents have played a particularly important role in the children’s lives.

For instance, if one parent has a drug problem, the court may decide that the other parent should have sole custody and that the children should not have contact with that parent. The grandparents, however, have a strong relationship with the child.

The parent with child custody, however, decides that they want a clean break from the entire family or is afraid that the grandparents may allow the other parent access if they allow the grandparents to visit.

In that case, the court must make a determination as to the best interests of the children and weigh the fears of the custodial parent against the potential value of a continued relationship with the grandparents.

The courts are not limited in what factors they can consider when it comes to determining the best interests of the child. These include:

• The wishes of the custodial parent;
• The extent of the children’s interaction with their grandparents;
• The geographical distance between the children and their grandparents;
• The children’s age;
• The wishes of the individual children;
• The health and safety of the children;
• The children availability in terms of schedule;
• The physical and mental health of the grandparents;
• The grandparents’ willingness to accommodate the children’s schedules;
• The grandparents’ criminal record; and
• Just about any other factor that may impact the child’s welfare.

Adoption and Grandparent Rights in Ohio

Whether or not a grandparent would lose visitation rights would depend on the best interests of the child. However, a grandparent’s right to visit the child is severely restricted under Ohio laws. If the grandparent’s child has died and the other parent remarries, the spouse of the other parent may file for adoption.

In that case, the grandparents may still visit the child. However, grandparents may lose any right to visit the child if the grandchild’s parents either divorced or were never married.