Grandparent Visitation Rights in Ohio

Abuse or Neglect

• If a child is removed from his parents' home because of abuse or neglect, he will be placed in temporary custody until permanent custody is decided. As of 2010, Ohio law does not allow grandparents the right to seek visitation with their grandchild while the grandchild is in temporary custody because of abuse or neglect.
  
  

Legal Separation and Divorce

• Grandparents may be granted visitation if their grandchild's parents separate or terminate their marriage. Under the law, the parents must be involved in a proceeding for legal separation, annulment or dissolution of marriage (divorce). If the parent with temporary custody during the proceeding or permanent custody after the proceeding is denying access to the child to the grandparents, the grandparents can file a motion with the court seeking visitation.
  
  

Death of a Parent

• Ohio's statute also permits grandparents to seek visitation with their grandchild if the child's parent dies. If the surviving parent is preventing the deceased parent's parents from seeing the child, a court may award the grandparents reasonable visitation.
  
  

Determining Whether Visitation is Appropriate

• Regardless of why grandparents seek visitation, a court will award visitation only if it is in the best interests of the child. The court examines several factors, including the physical and mental health of the grandparents, parents and child; the child's age; the time available for the parents and child to participate in visitation; where the grandparents live and the distance from the child's residence; the grandparents' previous and current relationship with the child; the child's preference, where the court feels the child is capable of providing it; and the reasons the parent or parents have chosen to prevent the grandparents from visiting the child. If either grandparent has been convicted of or pleaded guilty to a crime involving a child, a court will not grant visitation.
  
  

Adoption

• In Ohio, grandparents' rights to visitation terminate upon adoption. When a child is removed from the parents care of the parents are deceased and the child is adopted by a third party, the grandparents have no right to seek visitation. However, if a stepparent adopts a child, grandparents (only parents of the child's remaining parent) are still permitted to seek visitation.