Columbus Grandparents’ Rights Attorneys

Do Grandparents Have Legal Visitation Rights in Ohio?

If the biological parents are living together and raising their children, the grandparents have no legal right to visitation. Ohio law grants visitation rights to grandparents in specific circumstances, such as when the parents are unmarried, divorced, separated, or one parent is deceased. The law specifies how courts should determine the best interests of the children.

In determining the best interests of the child, the court may consider:

• The parents’ concerns and wishes
• Interaction of the child with parents and extended family
• The age of the children
• The child’s health and safety
• The mental and physical health of everyone involved
• Distance between the child’s home and grandparent’s’ residence
• Any history of child abuse or neglect involving the grandparent

Grandparents raising their grandchildren is not uncommon, but the opioid epidemic and other situations have led to a growing number of grandparents taking custody of their grandchildren. When children are taken into state custody, grandparents often petition to adopt or become foster parents to their own grandchildren. Our attorneys help grandparents fight for visitation rights or custody of their grandchildren, when necessary.

Please call (614) 289-1227 or contact us online to discuss your right to spend time with your grandchildren. 

What to Do if Parents Object to Grandparents’ Visitation?

When parents object to grandparents' visitation, it can create a complex and emotionally charged legal scenario. Typically, parents have the fundamental right to decide who has access to their children, including grandparents. However, grandparents may still seek visitation rights through the court system, particularly if they believe such visitation is in the best interests of the child.

To begin with, grandparents must demonstrate that they have a significant pre-existing relationship with their grandchildren. Courts will consider if the grandparents have played an important role in the children's lives, providing care, emotional support, or other benefits that contribute positively to the child's well-being. The disruption of this relationship could potentially harm the child, which is a key consideration for the court.

Next, the court will evaluate the reasons behind the parents' objections. If parents can provide substantial evidence that visitation with the grandparents would be detrimental to the child, such as in cases involving abuse, neglect, or other harmful behaviors, the court may side with the parents and deny visitation. Parents' concerns about the grandparents' ability to provide a safe and stable environment are taken seriously.

Moreover, the best interests of the child remain the paramount consideration. Factors such as the child's age, emotional needs, and the nature of the relationship with the grandparents will be assessed. The court aims to ensure that the child's emotional and psychological needs are met and that their overall welfare is prioritized.

In some cases, mediation may be suggested as a means to resolve disputes without a contentious court battle. Mediation can help families reach a mutually acceptable arrangement that considers the needs and concerns of both parties.

Explore Your Grandparent Rights in Ohio

Separations, divorces, deaths, and remarriages change the structure of families and create unique challenges for relatives to spend time with the children they love. Grandparents do not have a guaranteed right to spend time with children, and petitioning the court may be necessary. The Columbus grandparents’ rights attorneys at Law Offices of William L. Geary represent grandparents seeking visitation rights or custody of their grandchildren.

Our grandparents’ rights lawyers in Columbus understand that spending time with multi-generational loved ones is often in the best interests of children. We are dedicated to providing quality legal representation and personal service to every client. We take the time to understand your situation and build a strong case to show that your grandchildren would benefit from visitation time with you.

When you are ready to discuss your situation with a family law attorney, call (614) 289-1227 to schedule a consultation.