Being a grandparent can bring joy into your life. You get to spoil the grandkids, pass along family traditions, and be a presence when parents are busy with their own lives.
But when families experience divorce, separation, or other changes, the bond between grandparents and grandchildren can feel threatened.
If you have ever felt worried about losing time with your grandchild or unsure of what the law allows, that stress affects your relationship with your children and their little ones.
Fortunately, Ohio recognizes that grandparents can play an integral role in a child’s life, but those rights are not automatic. Let’s look at grandparents’ rights in Ohio custody cases so you can take action.
What Is the Difference Between Visitation vs. Custody?
One of the first things you want to know is the difference between visitation and custody. With visitation, grandparents have the legal ability to spend time with their grandchildren.
On the other hand, custody gives you legal responsibility for the child’s care. This custody gives you the ability to decide where they live, along with making school decisions, medical decisions, and religious upbringing.
In Ohio, grandparents can request visitation in several situations:
- During or after a parent’s divorce or separation.
- When one parent has passed away.
- When a child is born to an unmarried mother.
Custody is less common and harder to win for grandparents in court. However, it could be granted when a parent cannot care for a child due to absence, incapacity, or other serious circumstances.
What Is the Best Interest of the Child?
Whether you seek visitation or custody, the court’s concern is the child’s best interest. This is a legal standard that considers a number of factors, including:
- The child’s relationship with each parent and with you.
- How well the child is adjusted to home, school, and community
- The wishes of the parents, and sometimes, the child, depending on their age.
- Mental and physical health of everyone involved.
The court is looking for stability, consistency, and a supportive environment. A strong, loving relationship between a grandparent and grandchild can weigh heavily in favor of visitation. But remember that courts are careful not to override a parent’s rights without a valid reason.
Is Custody an Option for Grandparents?
Getting custody for grandparents is a challenge, but it is not impossible. If a parent is missing, struggling with addiction, incarcerated, or unable to care for a child, grandparents can be awarded this responsibility.
If you want to succeed in court, you will need to show that living with the parent would harm the child. Along with that, you need to prove that you can provide a stable, safe, and nurturing environment.
These cases are very fact-specific, so you will want to prepare.
Courts look closely at the child’s daily life, routines, and emotional needs. Showing that you have been a consistent, caring presence in their life can make a big difference in the court case.
What Grandparents Can Do?
If you’re worried about losing time or rights with your grandchild, there are steps you can take to protect and strengthen your relationship:
- Keep a record: You want to note how you participated in visits, calls, school events, or doctor’s appointments. Remember that judges look for consistent involvement.
- Communicate respectfully with parents: Make sure to focus on solutions and the child’s best interest. Sometimes, a conversation can solve more than a court case.
- Know your legal options: As a grandparent, you can request visitation in many situations. Custody may be possible if a parent is absent or unable to care for the child.
- Be child-focused: You will want to emphasize how you have provided the child with stability, routine, and emotional support.
- Explore alternatives: Some options, such as temporary guardianship, powers of attorney for school or medical matters, or co-parenting agreements, can protect your bond without full custody.
- Seek legal guidance: A family law attorney can explain your rights, guide you through procedures, and help you take steps to protect your relationship with your grandchild.
Protect Your Rights as a Grandparent
Now that you understand grandparent rights in Ohio custody cases, you can take the steps to protect your relationship with your grandchild.
If you are worried about visitation or custody, speak with an experienced Ohio family law attorney. At Axelrod & Hellier Law Offices, we can help you take steps that keep your grandchild’s best interests at heart. Schedule a consultation today.