What Rights Do Grandparents Have in Ohio?
Published 09/11/20 by Admin
It’s unfortunate that children are often used as pawns in a divorce, but it occurs frequently. Not only are children used as pawns between the parents, but sometimes they’re used as pawns against the grandparents. If you’re an Ohio resident and your child is involved in a divorce, do you have visitation and custody rights? The answer is most definitely yes!
Visitation Rights For Grandparents
Eleven factors determine grandparents rights in Ohio for visitation and custody after a divorce:
- The desires of the parents
- Location of the grandparents and the location of the grandchild
- Prior relationship between grandchild and grandparent
- Age of the grandchild
- The grandchild’s well-being
- Time available for grandchild and its parents
- Physical and emotional health of all parties
- Criminal history of the grandparents
- The child’s desires
- Whether the child has adjusted well to the divorce
- The grandchild’s time to spend with siblings
Marriage or remarriage
Marriage or remarriage of one or both parents won’t affect grandparent visitation rights in Ohio.
Adoption
If the new parent adopts the child, then grandparent visitation rights may be terminated if the adoption order terminates the visitation rights of one parent. The laws regarding this situation are complex and if you find yourself in this predicament, then your best option is to consult Barr Jones and Associates, one of the best Ohio family law attorneys.
Unmarried parents
If the parents were never legally married, the grandparents on both sides have grandparent visitation rights Ohio.
Custody Rights For Grandparents
Usually, courts don’t award custody to the grandparents unless both parents are proven to be unfit for custody. Examples of unfit behaviors include:
- Habitual drug abuse
- Habitual drunkenness
- Abandonment
- Physical abuse
- Neglect
If this has been satisfactorily proven, then the grandparent will also need to prove that it’s in the child’s best interests to be placed with the grandparent. The custody provisions for Ohio grandparents rights are very complex and should be handled only by one of the best family law attorneys Columbus Ohio has to offer, Barr Jones and Associates. Even if one parent is deceased, the grandparent has the legal right in Ohio to request visitation for the deceased parent’s child. As with any custody award, it must be reasonable and approved by the court.
Why Do I Need Ohio Family Law Attorneys For My Case?
Child custody and visitation rights laws are very complex and each situation is unique. The primary concern is the welfare of the child, and the courts feel that the influencing factors should be adjudicated by an impartial third party. Most people who are involved in a divorce that includes child custody and visitation are already stressed, so the court wants to ensure the well-being of the child.
If you are involved in a divorce that involves grandparents rights in Ohio, then call one of the best family law attorneys Columbus Ohio has to offer and let us help you. If the divorce has already been granted and your grandparent’s rights weren’t included, then we can file a motion for visitation and help you gain your visitation rights to your grandchild. Alternatively, you may want a legal agreement for temporary custody that allows the parents time to breathe and adjust to their new lifestyles.
Whatever your legal needs for Ohio grandparents rights, we can help you, so call us today. We look forward to speaking with you and helping you.