Grandparent Rights

Girl with her Grandfather — Civil Practice in Dayton, OH
Do grandparents have rights to visit their grandchild(ren) ?
Yes, if the child(ren)'s parents agree or by court order if the parents are divorced, never married, or a parent is deceased.

How can grandparents or other relatives get a court order for visitation rights?
File a motion in the parents’ divorce case. If the parents never wed or if a parent is deceased, in juvenile court in the county in which the child resides. This is best done by an experienced attorney in family law.

What information will the court consider?
Please read Ohio Revised Code § 3109.051 (D)

Should I get a statement (written, audio, or video) from the child?
No. Even an attempt to do that causes stress to the child and the court is forbidden to consider any such statement.

Is there a “standard order of grandparent visitation”?
No. The court will consider the child's available time including the child's school schedule, holiday, and vacation schedule. Non-parents must be flexible and willing to reschedule, as needed.

Can grandparent(s) get legal custody of grandchild(ren)?
Yes, if the child(ren)'s parents agree or by court order if the parents are not able and willing to provide adequate care of their child(ren).


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