Grandparent Rights


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 or,
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 attorney experienced in family law.


What information will the court consider ?

Please read Ohio Revised Code § 3109.051 (D) — on the next page.


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 & willing to provide adequate care of their child(ren).













Diane Kappeler DePascale

Diane Kappeler DePascale, J.D.

Attorney and Counselor at Law