Grandparent Visitation Rights in Ohio

Posted almost 3 years ago. Applies to Ohio, 0 helpful votes

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1

In a divorce, dissolution of marriage, legal separation, annulment, or child support proceeding that involves a child

Clearly, as spelled out in 3109.051, the court may grant reasonable companionship or visitation rights to any grandparent, any person related to the child by consanguinity or affinity, or any other person other than a parent, if all of the following apply: (a) The grandparent, relative, or other person files a motion with the court seeking companionship or visitation rights. (b) The court determines that the grandparent, relative, or other person has an interest in the welfare of the child. (c) The court determines that the granting of the companionship or visitation rights is in the best interest of the child. (2) A motion may be filed under division (B)(1) of this section during the pendency of the divorce, dissolution of marriage, legal separation, annulment, or child support proceeding or, if a motion was not filed at that time or was filed at that time and the circumstances in the case have changed, at any time after a decree or final order.

2

Companionship or visitation rights for parents or other relatives of deceased mother or father

3109.11 provides that If either the father or mother of an unmarried minor child is deceased, the court of common pleas of the county in which the minor child resides may grant the parents and other relatives of the deceased father or mother reasonable companionship or visitation rights with respect to the minor child during the child's minority if the parent or other relative files a complaint requesting reasonable companionship or visitation rights and if the court determines that the granting of the companionship or visitation rights is in the best interest of the minor child. In determining whether to grant any person reasonable companionship or visitation rights with respect to any child, the court shall consider all relevant factors, including, but not limited to, the factors set forth in division (D) of section 3109.051 of the Revised Code. Divisions (C), (K), and (L) of section 3109.051 of the Revised Code apply to the determination of reasonable companionship or visitation rig

3

Mother unmarried - parenting time, companionship or visitation rights.

3109.12 provides (A) If a child is born to an unmarried woman, the parents of the woman and any relative of the woman may file a complaint requesting the court of common pleas of the county in which the child resides to grant them reasonable companionship or visitation rights with the child. If a child is born to an unmarried woman and if the father of the child has acknowledged the child and that acknowledgment has become final pursuant to section 2151.232, 3111.25, or 3111.821 of the Revised Code or has been determined in an action under Chapter 3111. of the Revised Code to be the father of the child, the father may file a complaint requesting that the court of appropriate jurisdiction of the county in which the child resides grant him reasonable parenting time rights with the child and the parents of the father and any relative of the father may file a complaint requesting that the court grant them reasonable companionship or visitation rights with the child.

4

Parent, guardian or custodian visits with a child in temporary custody.

Administratively, 5101:2-42-92 provides that if a child is in the temporary custody of a Children Services Agency, (D) In the child's best interest, the PCSA or PCPA shall make arrangements for visitation and communication with siblings and other family members or individuals integral to maintaining connections to visit or communicate with the child.

Additional Resources

Troxel v. Granville, 530 U.S. 57(2000) and Harrold v. Collier (2005), 107 Ohio St.3d 44, 2005-Ohio-5334. Harrold found that Troxel did not affect Ohio's statutes and that Ohio's visitation statutes are "constitutional; on their face." I can only assume that those believing there are "no grandparent visitation rights in Ohio,” are referring only to the fact that there is not a statute titled “Grandparent Visitation Rights.”

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