Grandparents’ Rights

Grandparents’ Rights Attorneys Mentor OH

A little granddaughter hugs her grandmother

A Compassionate Family Attorney Who Understands Ohio Law

The bonds between a grandparent and a grandchild are uniquely special. As a result, it can be distressing to navigate circumstances under which a grandparent may be kept from their beloved grandchild(ren).

If you are struggling with a situation wherein you want to see your grandchildren but you are either being kept from them or you fear that you could be, it is a good idea to learn more about your rights under Ohio law. Every family law case is different, so it is important to avoid making assumptions about your circumstances until you have discussed them with one of our knowledgeable and trusted attorneys Jon Axelrod or Rochelle Hellier.

You can schedule a free case evaluation at any time to begin the process of exploring your options. As you prepare for your no-cost consultation, consider the following basic information about Ohio law. Don’t hesitate to write down any questions or concerns that these details may inspire, so that our legal team can be sure to address each of them in turn.

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Understanding Ohio’s Grandparent Visitation Laws

Ohio Revised Code Sections 3109.051 and 3109.11 address grandparent visitation rights and provide a legal framework for grandparents who want to maintain a meaningful relationship with their grandchildren. These laws recognize that parents have fundamental rights when it comes to raising their children, but they also acknowledge that there are situations where grandparent involvement can benefit the child. The law aims to strike a balance between parental autonomy and the importance of extended family relationships in a child’s emotional and psychological development.

Mutual Agreements 

It is worth noting that parents or guardians can voluntarily agree to formalize a grandparent’s right to visitation with the court. Although this approach is rare, if a child’s parents – or single parent if no other adult has parental rights with regard to their well-being – want to make a grandparent’s rights to visitation legally enforceable, they can work with one of our attorneys to achieve this goal.

These voluntary agreements can provide peace of mind for all parties involved, creating clear expectations and reducing the potential for future conflicts. When families work together cooperatively, the resulting arrangements often better serve everyone’s needs, especially children’s. Our attorneys can help you draft comprehensive visitation agreements that address scheduling, holidays, vacations, and other important considerations, ensuring that the arrangement is legally sound and workable for your unique family situation.

Contentious Situations

Most of the time, however, the issue of grandparents’ rights only arises when circumstances threaten a grandparent’s ability to start or maintain a relationship with a grandchild. In these situations, Ohio law has codified a grandparent’s rights to seek visitation if one or more of the three following criteria apply:

  • A child’s married parents separate or terminate their union
  • A parent of a child passes away
  • A child is born to parents who are unmarried to each other

Note that the right to seek visitation is not a guarantee that visitation rights will be granted by the court. Ohio family courts are bound to decide custody and visitation cases per the “best interests of the child” standard. As a result, visitation will only be granted if doing so will honor a child’s best interests and will not result in undue interference with a parent’s relationship with their child. Similarly, if a grandparent is seeking custody of a child whose parents are no longer able to care for them properly, this request will only be granted if it is in the affected child’s best interests.

When evaluating grandparent visitation requests, Ohio courts take into account numerous factors to determine what arrangement would best serve the child’s interests. These factors include: the previous relationship between the grandparent and the child; the willingness of the grandparent to respect the parent’s decisions; the child’s desire, if they are old enough and mature enough; the mental and physical well-being of all parties involved; and how visitation might affect the child’s daily routine and stability. Courts also consider whether the grandparent has developed a significant relationship with the child, and whether denying visitation could harm their well-being.

The Legal Process for Seeking Grandparent Visitation Rights

Filing for grandparent visitation rights in Ohio requires careful attention to legal procedures and deadlines. The first step is to file a motion or complaint with the appropriate court, usually the juvenile or domestic relations court in the child’s county of residence. Our experienced lawyers will help you collect the necessary documents, which may include proof of your relationship with the grandchild, previous visitation records, and information about the child’s parents and their circumstances.

The court will schedule a hearing to allow both parties to present evidence and testimony. During this process, you will need to demonstrate that you have had a significant relationship with your grandchild and that maintaining this relationship is in their best interests. Witnesses, such as teachers, counselors, and family friends, may provide valuable information about your involvement in your grandchild’s life. Our legal team will thoroughly prepare you for this hearing by explaining what to expect and helping you present your case in the most effective way possible.

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Special Circumstances: Adoption and Grandparents’ Rights

A grandparent’s rights to seek visitation may be altered in the event that a child is adopted.

The issue of adoption presents unique challenges for grandparents in Ohio. When a child is adopted, the legal connection between the child and their biological family, including grandparents, is usually severed. However, there are exceptions to this rule. If a step-parent adopts a child, grandparents from the non-custodial parent’s family may still have visitation rights under certain circumstances. Additionally, in cases where a family member adopts a family through kinship, existing family bonds may be preserved. It is essential to understand how adoption affects your rights, and careful legal advice is required to determine your specific circumstances.

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Connect with one of our Creative Lake County, Ohio Family Law Attorneys at No Cost to Better Understand Your Options

Our firm prides itself on helping loving Ohioans navigate challenging family law situations. Although your personal circumstances may have left you feeling hopeless, it is important to fully explore your legal options before processing your family’s challenges one way or the other. If you don’t take this step forward, you may always wonder what would have happened if you had spoken with an attorney and the last thing you deserve is to live with the burden of regret on your heart.

To learn more about your rights as a grandparent under Ohio law, schedule a free legal consultation with one of our dedicated Mentor, OH family law lawyers at Axelrod & Hellier Law Office today. You can call the firm at (440) 944-7300 or you can submit a contact form on our firm’s website to get started. You are dealing with tough challenges but you don’t have to do so alone. We look forward to hearing from you.

Common Grandparents’ Rights FAQs

Under what circumstances can I seek visitation with my grandchild in Ohio?

Ohio law allows grandparents to petition the court for visitation rights if: the child’s parents are divorced or legally separated, one parent is deceased, or the child was born to unmarried parents. The court’s primary focus is always the child’s best interests.

How does the court determine if visitation is in the child’s “best interests”?

The court considers factors such as the existing relationship between grandparent and grandchild, the child’s adjustment to home and community, the mental and physical health of all parties, and whether granting visitation would interfere with the parent-child relationship.

Can I seek custody of my grandchild?

Yes, a grandparent may seek legal custody if the child’s parents are deemed unfit, unable, or unwilling to care for the child. The court will grant custody only if it finds that such an arrangement serves the child’s best interests and that the parents are unsuitable.

What if the parents are denying me visitation but are still together?

If the child’s parents are married and living together, Ohio law generally does not grant grandparents the right to seek court-ordered visitation. However, exceptions can exist in extreme circumstances, such as parental unfitness. Consulting an attorney is crucial to explore your options.

How does adoption affect my rights as a grandparent?

If your grandchild is adopted by someone other than a stepparent, your legal right to seek visitation is typically terminated. An adoption severs the legal relationship between the child and the biological family, including grandparents, unless specific provisions are made in the adoption order.

Can I work out a visitation agreement with the parents without going to court?

Yes. Parents can voluntarily agree to a formal, court-approved visitation schedule. Having a written agreement drafted and filed with the court provides legal enforceability and clarity, helping to prevent future disputes and ensure consistent access to your grandchild.

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