What are Grandparents’ Visitation 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 parents and other relatives 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

Dayton grandparents rights law

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

When married parents divorce or separate When a parent of a child is deceased

When the child is born to an unmarried woman

Under the above circumstances, the court may order reasonable visitation if in the welfare and best interest of the child. Grandparent visitation rights may be granted during or after divorce, separation, dissolution, and annulment.
To be awarded visitation rights, grandparents must file a request for visitation. The court decides based on visitation guidelines of the statute. 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.

Consult about Dayton grandparent rights

Anne Catherine Harvey understands the emotions connected to Dayton grandparent visitation rights. Ms. Harvey’s knowledge and understanding of grandparents rights can provide valuable legal assistance. Contact us today to discuss your Dayton grandparent rights.