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When the parents of a child divorce, sometimes one of the parents tries to keep the grandchild or children away from their former spouse’s parents. In other words, the mother may keep the children away from the paternal grandparents or vice versa.
What is in the best interest of the child is always the underlying consideration the Ohio courts take into account when making decisions about the rights of grandparents. Ohio provides statutory support for grandparents’ legal rights, but it’s not all-inclusive. “Best interest” decisions begin with the language of the court order or mediation agreement and apply to all visitation and custody rights decisions.
The 11 Factors that apply to all visitation and custody rights in Ohio are:
- The wishes and concerns of the child’s parents
- The child’s age
- The child’s adjustment to home, school, and community
- The prior interaction and interrelationships of the child with parents and other relatives
- The location of the grandparent’s residence and the distance from the child’s residence;
- The childs’ and parents’ available time
- The wishes of the child (if the court has interviewed the child)
- The health and safety of the child
- The amount of time that a child has available to spend with siblings
- The mental and physical health of all parties
- 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.
If a grandparent is denied visitation, a court is under no obligation to tell the grandparents why the visitation was denied. However, the judge might issue a written order explaining the decision. If there is no such written order, any party can ask the judge for an explanation. This is called a “finding of fact and conclusion of law.”
Reasons Grandparents Can File for Custody of a Grandchild in Ohio
Many grandparents are surprised to learn that Ohio law may allow them to seek custody of a grandchild in certain circumstances. Unlike visitation rights, obtaining legal custody generally requires the court to determine that awarding custody to the grandparent is in the child's best interests and that the parents are unable or unwilling to adequately care for the child.
Some of the most common situations that lead grandparents to seek custody include:
Parental Drug or Alcohol Abuse
Substance abuse issues that impair a parent's ability to provide a safe and stable home may lead the court to consider placing a child with a grandparent.
Abandonment
If a parent has abandoned the child or cannot be located for an extended period of time, a grandparent may seek custody to provide stability and ensure the child's needs are met.
Neglect or Unsafe Living Conditions
Courts may consider whether a child's living environment places their health, safety, or well-being at risk. In some situations, grandparents may seek custody to protect the child from harmful conditions.
Incarceration of a Parent
When a parent is incarcerated and unable to care for a child, grandparents often step forward to provide a stable home and may petition the court for custody.
Mental or Physical Incapacity
If a parent suffers from a serious mental health condition, illness, or disability that prevents them from properly caring for a child, the court may consider whether placement with a grandparent is appropriate.
Death of a Parent
Following the death of one or both parents, grandparents may seek custody if doing so would serve the child's best interests and provide continuity and stability.
Long-Term Care by Grandparents
In many cases, grandparents have already been serving as the child's primary caregiver for months or even years. Courts often consider the child's existing living arrangements and relationships when making custody decisions.
Every custody case is unique. Ohio courts evaluate the specific facts of each situation and focus on what arrangement will best serve the child's safety, stability, and overall well-being.
