1. The wishes and concerns of the child’s parents
2. The child’s age
3. The child’s adjustment to home, school, and community
4. The prior interaction and interrelationships of the child with parents and other relatives
5. The location of the grandparent’s residence and the distance from the child’s residence;
6. The childs’ and parents’ available time
7. The wishes of the child (if the court has interviewed the child)
8. The health and safety of the child
9. The amount of time that a child has available to spend with siblings
10. The mental and physical health of all parties
11. Whether the person seeking visitation has been convicted of or plead guilty to any criminal offense involving an act that resulted in a child being abused or neglected.

Grandparent custody right FAQs

If my son/daughter is divorced or going through a divorce, do I have visitation rights to see my grandchild?
Ohio law provides a grandparent with certain visitation rights with their grandchildren. A grandparent can file a motion with the court in a divorce, dissolution, legal separation or annulment for grandparent visitation rights. After hearing, the court will grant grandparents their own individual visitation rights involving a child if the person has an interest in the welfare of the child and if the court determines that the granting of the companionship for visitation rights is in the best interest of the child.

If my son/daughter is deceased, do I have visitation rights to see my grandchild?
The short answer is yes. Grandparents of a deceased parent can receive visitation rights. Ohio law states that if either the father or mother of an unmarried child is deceased the grandparents have the right to ask for visitation. The court will decide if it’s in the best interest of the child.

What if the parents of my grandchild were never married?
Yes, Ohio law provides visitation rights to a grandparent when the child’s mother is unmarried. The law says if a child is born to an unmarried woman, the grandparents have a right to request visitation rights. This includes both the biological father’s parents and mother’s parents. The court will determine what is in the best interest of the child with respect to any request.

What can be done if my grandchild is removed from the jurisdiction?
Any visitation request needs to be made in the Ohio County where the child lives. The only exception would be if a case had already been initiated in another county, then that county would retain jurisdiction.

What if my grandchild does not want to visit me?
It is up to the court to make a determination on this issue.

Do I have any financial liability if my grandchild visits me?
No. Child support is strictly between the biological parents.

If my grandchild is injured during a visit with me, can I get medical care for them during that visit?
Yes. If there is a court order allowing visitation and should the child need emergency medical care while under the care of a grandparent, they would be allowed to obtain medical treatment for the child while in their care.

Can I obtain legal custody of my grandchild?
It depends. In certain circumstances, Ohio law does allow a grandparent to obtain legal custody.
The court would need to determine the biological parents to be unfit.
The definition of unfit in Ohio generally means habitual drunkenness, habitual drug abuse, abandonment and other such issues that would again require the court to make a finding of unfitness.

What if my grandchild doesn’t live in Ohio?
The state of the child’s residence is considered their “home state”, and that state would have jurisdiction as to whether or not visitation rights would be granted. Each state has different laws as pertains to visitation rights and the state with jurisdiction would need to be contacted in order to ascertain what if any rights the grandparent has in that particular state.

What if my grandchild already lives with me?
The law provides a solution for the situation where a child is living with the grandparent and the parents of the child can’t be found. Although, this is only a temporary solution and is not the same as legal custody, it does allow a grandparent to do what’s necessary for the child such as, enrolling the child in school, taking the child to the doctor, etc.

The law states that if a child is living with a grandparent who has made reasonable attempts to locate and contact both of the child’s parents, guardians, or custodians but has been unable to do so, the grandparent may then obtain the authority to exercise care and physical custody by executing a caretaker authorization affidavit.

The more common scenario is when grandparents are raising their grandchild or grandchildren with the knowledge and consent of the biological parents. Ohio law provides that in certain circumstances a parent may give a grandparent a Power of Attorney to enroll the child in school, care for the child’s medical needs, etc. This is similar to the caretaker affidavit, however, the parent is present and willing to execute a power of attorney.

Furthermore, the affidavit must be executed by both parents if they’re married and living together, if the child is subject to a shared parenting order or if the child is subject to a custody order.

Contact us to discuss your rights as a grandparent.

Anytime parents separate and are unable to work out a mutually agreeable parenting plan for their family, they often choose to go to Court seeking a child custody order. When that happens, parents are putting the decision of their children’s future into the hands of a judge who will now decide what plan will be in the best interests of the children.

As you can imagine, a determination like this is very difficult for the judge. Especially when often times they’re faced with allegations from each parent about how the other is unfit or neglectful. The judge must consider the evidence before they come to a conclusion without having any actual personal knowledge or prior relationship with either parent or the children. So, to aid in their analysis, family law courts will often appoint child custody evaluators to assess each party’s claims and to come up with a recommended custody plan.

Unfortunately, it’s all too common that good parents end up being classified as unfit or neglectful based upon the following four avoidable mistakes:

1. Don’t Get Arrested

One of the clearest ways in which a parent can show a judge that he or she is not a fit parent is by getting arrested while the custody dispute is still pending. If a parent is arrested for a violent crime, even if they’re not convicted or charged, they provide the other parent with valuable ammunition to claim that the arrested parent has an anger management problem or is prone to violence. A finding such as this by the judge will almost ensure that the parent won’t be permitted to have unsupervised time with the children.

In turn, if there are allegations of alcohol or substance abuse, then a parent’s arrest for a DUI/DWI or possession of narcotics will most certainly confirm the allegation. If any of the children are present in the vehicle while the parent is driving under the influence or in possession of the narcotics, then the violating parent’s chances of prevailing in the custody battle are certainly lost.

2. Don’t Disobey the Court’s Temporary Custody Orders

A lot of times, the Court will issue a temporary interim custody order at the onset of a divorce or paternity action. This usually will remain in place until there’s a trial. Interim orders can govern the physical timeshare of the child or children between the parties, as well as the decision-making power of each parent, and other custody issues.

One of the worst mistakes that can be made is to disobey the Court’s temporary orders. For example, a parent might fail to return the children by the specified time. Or, a parent might remove the children from the state without the permission of the other party or a court order allowing them to do so. In either instance, the other parent will surely bring the matter to the Court’s attention to show that the violating parent doesn’t respect the Court’s authority. A message like that typically doesn’t go over well with judges and will surely have an impact on their final decision.

3. Be Careful What You Say On Social Media

All too often, parents will turn to social media while in the midst of a custody battle to vent their frustrations, slander the other parent, or even something as simple as showing their friends the fun they’re having in their newly single lives. However, social media is just that…“social” and is not private. The information and images posted on social media are available to the entire general public (which includes the other parent and their attorney).

Some of the best evidence of a parent having a substance abuse problem can be provided through a single “selfie” of the parent looking visibly intoxicated or in the act of using drugs.

Most importantly, any posts that show the parent speaking poorly of the other parent, the other attorney, or the judge provide excellent ammunition to be used in court. A good general rule is to never post something on social media that you would not be comfortable having a judge read or displayed in open court.

4. Be Reasonable

The most common mistake occurs when a parent refuses to communicate with or co-parent with the other parent. If parents can’t agree on joint legal custody, then the judge might look to see if one parent should have sole decision-making authority due to the other’s inability to co-parent. If that’s the case, then a parent who refuses to communicate with the other runs the risk of being deemed the “problem” parent who therefore should not be given a say in the important decisions pertaining to the children.

The best course of action for a parent is to present him or herself as a cooperative, reasonable adult who is trying their best to maintain an open line of communication regarding the children.