Did you know that grandparents in Ohio have legal rights to visit and enjoy custody and visitation of their grandchildren?

Unlike many other states, Ohio codifies these rights in state law (in the Ohio Revised Code Section 3109.051).

When Grandparents’ Rights are Recognized

Ohio law authorizes reasonable grandparent companionship and visitation rights in three circumstances: 

• In a divorce, dissolution of marriage, legal separation, annulment, or child support proceeding involving a child; 
• When either the father or mother of an unmarried child is deceased;
• When a child is born to an unmarried woman.

In addition, if a child is born to an unmarried woman and the father acknowledges paternity, the parents of the father may file for reasonable grandparent custody or visitation.

To be granted any sort of visitation, the grandparent has to demonstrate an interest in the child’s welfare and wellbeing and show that such visitation is in the child’s best interest. This requires evidence.

Factors Courts Consider in Grandparent Cases

Here are the specific items courts consider in such cases:

• The grandparents’ (or grandparent’s) prior interaction and interrelationships with the child, the child’s parents, siblings, and other relatives
• The location of the child’s residence to that of the grandparent(s)
• The child’s and parents’ available time
• The child’s age
• The child’s adjustment to home, school and community
• The health and safety of the child
• The child’s wishes and any other factor the court considers in the child’s best interests

The burden of proof is on the grandparent(s) to prove that visitation is in the best interest of the child.

Forcing the Parents to Cooperate

What legal options do grandparents have if they win visitation rights in court but the parents do not cooperate?

The grandparent could ask the court to rule the parents in contempt for violating the court order. Parents found in contempt of court may be ordered to pay fines, serve jail time, or both, and may have to pay reasonable attorney fees and court costs of the grandparents. 

Also, a court could order the grandparents be given the time lost for the parent’s failure to comply with the order. 

Traversing the intricacies of family law is difficult. The advice of legal counsel with experience in this area of law can be an important asset.

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James LaPolla, a lawyer in the Warren office of Harrington, Hoppe & Mitchell, focuses on family law, criminal law, and civil litigation. He can be reached at (330) 392-1541 or at jlapolla@hhmlaw.com.