Cincinnati Grandparents' Rights Attorney

In the state of Ohio, a court may award visitation rights to a grandparent during or after a domestic relations or juvenile court proceeding as long as the grandparent has an interest in the welfare of the child and as long as visitation rights are necessary to the welfare of the child.

If a parent is deceased or the child's mother was unmarried when the child was born, a grandparent may also seek visitation rights of the minor child. In Ohio, a court will consider all factors including the Ohio statutes. This is important as it is the fundamental right of a parent to make all decisions regarding the care, custody, and control of his or her child.

However, a recent Ohio Supreme Court case ruled that these rights are not exclusionary and that other factors may be considered in determining whether a grandparent may have legal access and visitation rights.

Ohio state law has addressed and authorized grandparent companionship or visitation rights by statute in three specific circumstances:

1. When married parents terminate their marriage or separate,
2. When a parent of a child is deceased, and
3. When the child is born to an unmarried woman.

In such cases, a court may order that the grandparent has reasonable visitation if it is in the best interest of the child. There are other rules governing temporary custody of abused, neglected, or dependent children encourage visitation between children in foster care and their families.

To obtain visitation rights, the grandparents must file a complaint requesting such visitation, and the court must determine, after considering certain factors, that visitation with the grandparent is in the child's best interest.

Contact attorney Jenny Namanworth Smith if you are seeking grandparent visitation rights.

When complex family law issues affect you or your grandchildren, turn to attorney Jenny Namanworth Smith. Contact attorney Smith's law firm by calling (513) 533-4567 to schedule an in-depth consultation.

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