Grandparents often play a vital role in the upbringing and care of their grandchildren. However, sometimes parents try to deny grandparents access to their grandchildren for a variety of reasons. When this happens, it is important to know your rights under Ohio law and what you can do to enforce those rights.
Grandparent visitation rights can be granted under two separate sections of the Ohio Revised Code. Ohio Revised Code Section 3109.051 allows grandparents and other relatives to petition the court for visitation rights when parents are getting a divorce or dissolution. Ohio Revised Code Section 3109.12 allows grandparents and other relatives to petition the court for visitation rights if the parents were never married, although the parents of the child’s father can only be granted visitation rights if the father has established paternity. The law does not allow for grandparents to seek court-ordered visitation if the parents are still married to one another.
In determining whether grandparent visitation is appropriate, the court must determine if the grandparent has an interest in the welfare of the child and whether granting visitation is in the best interest of the child. In determining the best interest of the child a court is to consider a number of factors including:
- the child’s prior interaction with the person requesting visitation
- the geographical location of the grandparent’s residence and how far it is from the child’s residence
- the time the child has available for visitation
- the health and safety of the child
- the mental and physical health of all parties.
Disputes among family members can be very emotional and the decision to bring a family disagreement to court is a difficult one. That is where the compassionate and knowledgeable representation provided by the experienced attorneys of Fanger and Associates can assist you in making these difficult decisions in an informed manner.
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Are you looking for a law firm or would you like to discuss a legal issue with one of our attorneys? Our initial consultation does not cost you anything, and there is no obligation. If you have questions regarding how to best protect your interests, contact us today by clicking here.