Divorce proceedings affect the entire family, including the grandparents. And if the divorce includes young children, grandparents may wonder if they have visitation rights in Ohio.
Are you a grandparent who wants to obtain visitation after a divorce in Ohio? If so, check out this article, where we will discuss the legal side of visitation rights in Ohio for grandparents and what steps you need to take.
Ohio Law on Grandparent Visitation
In most family dynamics, grandparents play an important role in a child’s life. So, it’s understandable that grandparents may worry when the parents get a divorce.
The good news is that grandparents have visitation rights in Ohio, enabling them to request legal visitation rights from the Ohio family court. This expands to situations where the parents have separated, or one of the parents has passed away. This is also a right that other relatives have, depending on their relationship to the child.
However, keep in mind that you should only consider requesting visitation rights if absolutely necessary. It’s always best if you can work with the parents one-on-one to find ways of staying in your grandchild’s life. Also, the Ohio court most likely won’t grant court-ordered visitation if working with the parents directly is an option.
Legal Standards Courts Consider
Now that you know what your rights are as a grandparent, what about the legal standards the Ohio court will consider. Grandparents petitioning for visitation will have to meet certain legal standards for this to be a possibility.
Here are the main examples of what these legal standards are and how they can impact your ability to get visitation.
Best Interest of the Child
The number one legal standard set by the Ohio court is the best interest of the child. Any actions the court takes is usually to support this, with the goal of providing the child with a stable and loving home environment.
So, it’s important that you are able to prove that you’re involved in your grandchild’s life and directly contribute to their well-being and happiness.
Child/Grandparent Relationship
Another factor that goes hand-in-hand with the best interest of the child is the child/grandparent relationship. Grandparents who wish to obtain visitation rights should already have a relationship with their grandchild. So, as you might expect, stronger and longer relationships usually increase the chances of getting visitation.
When examining the child/grandparent relationship, the judge will look at:
- The history of the relationship
- The length of the relationship
- The quality of the relationship
- The time invested in the relationship
Parental Objections
In most cases, the court will assume that the parents are qualified to make decisions about who their child has contact with. Because of this, cases where there are parental objections will require a bit more scrutiny to understand why this is.
The court may perform background checks or looking at the history and nature of the relationship to make sure this is in the best interest of the child.
Keep in mind that even if there are parental objections, this doesn’t guarantee that you won’t get visitation. It is still very possible for grandparents to get a visitation if they can prove that this will directly benefit the child.
In these types of cases where there is a bit more contention, it’s strongly recommended that you seek the representation of a family law attorney in Miami Valley.
The Child’s Wishes
Sometimes the Ohio court will also take into consideration the child’s wishes directly. Whether or not a judge does this is at their discretion and is usually based on whether they believe the child is old enough or mature enough to show a reasonable preference.
Filing for Grandparent Visitation
The process of filing for visitation rights is quite simple and only requires that you file a motion, or a formal written request, with the district court. Make sure this is for the district court in the county where your grandchild lives. If there is an existing divorce case or prior custody proceedings, you need to file your motion with that same court.
Before you do this, it’s a good idea to hire a Montgomery County divorce attorney to represent you. Although this may not always be necessary, it’s still a good idea since an Ohio child custody lawyer can help you file a strong motion with evidence to help you meet the legal standards.
Especially for cases where there is contention or parental objections, grandparents will have the burden of proof. This means that you will have to be able to prove that you have a good reason for wanting a visitation and that it supports the best interests of the child.
FAQ Section
Do grandparents automatically get visitation after a divorce?
No, from a legal standpoint, grandparents don’t automatically get visitation rights if the parents get divorced. Usually, visitation can be worked out one-on-one with the parents, but if that isn’t the case, you will need to petition directly with the Ohio court.
Can parents block grandparent visitation?
Parents have the strongest constitutional rights when it comes to who their children are exposed to. So, if there are parental objections, this can make obtaining visitation with your grandchild more difficult. However, this doesn’t always mean that you won’t get visitation, since this will be left to the court to decide.
Is visitation the same as custody?
It is possible for grandparents to get custody in Ohio, but this is not the same as requesting visitation. Visitation allows you access to your grandchildren on a regular basis, while custody grants you the rights of a parent with decision-making authority.
Do grandparents need an attorney?
While it isn’t required that grandparents get the help of an attorney, it can dramatically increase their chances of successfully getting visitation.
Hire a Family Law Attorney in Ohio
Although grandparents do have certain rights in the state of Ohio, you never want to try to pursue visitation or custody on your own. Richard P. Arthur, Attorney at Law, has extensive experience handling child custody and divorce cases in Ohio and can help grandparents understand their visitation rights. To proceed with your case, contact us today at 937-254-3738 for a free consultation.