Grandparent visitation rights have been a contentious issue in family law, balancing parental autonomy with the interests of grandparents and the well-being of the child. In Ohio, grandparent visitation rights are governed by statutory law and judicial interpretation, particularly in light of constitutional principles that prioritize parental rights.

This article explores the legal framework for grandparent visitation in Ohio, examines key case law and provides practical considerations for both grandparents seeking visitation and parents contesting such petitions.

Ohio Law Governing Grandparent Visitation

Ohio law provides specific statutes governing grandparent visitation. The primary statutes addressing these rights are Ohio Revised Code (ORC) § 3109.051 and § 3109.11.

• ORC § 3109.051: This statute allows courts to grant visitation rights to grandparents (as well as other relatives) in the context of parental divorce, dissolution, legal separation or annulment. The court must determine that visitation is in the best interest of the child.

• ORC § 3109.11: This statute applies when a parent of the child has died. In such cases, the court may grant reasonable visitation rights to the grandparents if it determines that visitation is in the child’s best interest.

• ORC § 3109.12: This statute permits a court to grant visitation rights to grandparents if the child is born to unmarried parents, provided that paternity has been legally established.

Each of these statutes reflects Ohio’s recognition that, in some cases, maintaining a relationship with a grandparent can be beneficial for a child’s welfare. However, parental rights remain a strong counterbalancing factor in these determinations.

Constitutional Considerations

The U.S. Supreme Court’s decision in Troxel v. Granville, 530 U.S. 57 (2000) significantly influenced grandparent visitation laws nationwide. In Troxel, the Court struck down a Washington state statute that allowed any third party to petition for visitation rights, even against a fit parent’s wishes.

The Court emphasized that the Due Process Clause of the Fourteenth Amendment protects a parent’s fundamental right to make decisions concerning the care, custody and control of their child.

Ohio courts have interpreted Troxel as requiring deference to a fit parent’s decision regarding grandparent visitation. This means that unless a grandparent can demonstrate that denying visitation would harm the child, courts generally respect parental objections.

Factors Considered by Ohio Courts

When ruling on grandparent visitation, Ohio courts analyze several factors outlined in ORC § 3109.051(D), including:

• The prior relationship between the grandparent and the child.
• The child’s interaction with parents, siblings and other relatives.
• The geographical location and distance between the parties.
• The mental and physical health of all individuals involved.
• The child’s wishes, if the child is of sufficient age and maturity.
• Any history of abuse, neglect or domestic violence.

A grandparent petitioning for visitation must provide compelling evidence that the visitation serves the child’s best interests and does not unduly interfere with the parent-child relationship.

Key Ohio Cases on Grandparent Visitation

In Harrold v. Collier, 107 Ohio St. 3d 44 (2005), the Ohio Supreme Court upheld the constitutionality of Ohio’s grandparent visitation statutes despite the Troxel decision. The Court ruled that Ohio law adequately protected parental rights while allowing grandparents a legal avenue to seek visitation in appropriate circumstances.

This case confirmed that Ohio courts must give “special weight” to a parent’s decision but can still grant visitation if it aligns with the child’s best interests.

In Oliver v. Feldner, 2006-Ohio-2937, an Ohio appellate court denied a grandparent’s visitation request, emphasizing that the trial court properly deferred to the fit mother’s decision to limit visitation.

The court underscored that unless the grandparent could prove that the child’s well-being was at risk without visitation, parental discretion should be upheld.

Practical Considerations for Grandparents Seeking Visitation

In light of the relevant statutes and case law, we recommend these practical considerations for grandparents.

• Demonstrate a strong preexisting relationship: Grandparents should provide evidence of an established, positive relationship with the grandchild, such as time spent together, emotional bonds, and the impact of visitation on the child’s well-being.
• Gather supporting evidence: Testimonies from other family members, teachers or mental health professionals can support the claim that grandparent visitation is beneficial to the child.
• Be willing to compromise: Courts may look favorably upon grandparents who show flexibility in scheduling and a willingness to work collaboratively with the parents.
• Avoid adversarial litigation: Whenever possible, mediation or alternative dispute resolution should be considered before pursuing formal court action.

Parental Strategies for Contesting Grandparent Visitation

We offer the following practical considerations for parents.

• Assert parental rights: Parents should emphasize their fundamental right to make decisions about their child’s upbringing and demonstrate that their choices serve the child’s best interests.
• Provide justifiable reasons for limiting visitation: If a parent believes that grandparent visitation is harmful, evidence such as past conflicts, interference in parenting, or concerns about the grandparent’s influence may be persuasive.
• Document interactions: Keeping a record of past communications and interactions with the grandparent can help establish patterns that support the parent’s position.

Ohio’s grandparent visitation laws attempt to balance the rights of parents with the potential benefits of grandparental involvement in a child’s life. While courts may grant visitation when it serves the child’s best interest, they must also respect a fit parent’s fundamental rights.

The legal landscape, shaped by Troxel v. Granville and subsequent Ohio case law, emphasizes the necessity of clear, compelling evidence when seeking or contesting grandparent visitation.

Grandparents and parents alike should approach these cases with careful legal consideration and, when possible, seek amicable resolutions that prioritize the child’s well-being.

Sources

This article cited the following sources:

• Ohio Revised Code § 3109.051, § 3109.11, § 3109.12
• Troxel v. Granville, 530 U.S. 57 (2000)
• Harrold v. Collier, 107 Ohio St. 3d 44 (2005)
• Oliver v. Feldner, 2006-Ohio-2937
• Ohio Judicial Conference, Grandparent Visitation Rights Guide (2023)
• Ohio State Bar Association, “Understanding Grandparent Visitation Laws in Ohio” (2022)

_____

Michael J. McGee is a family law, litigation and personal injury lawyer with Harrington, Hoppe & Mitchell. He also practices in insurance law and criminal defense. He can be reached at (330) 392-1541 or at mmcgee@hhmlaw.com.