Grandparents' Rights FAQs

Here are some of the most common questions we are asked about grandparents' rights to visit children:

Q: Do grandparents have rights in Ohio?

A: Yes. A grandparent may file for visitation or companionship rights with his/her grandchild in an Ohio court. The grandparent must have an interest in the welfare of the grandchild.

Q: Can I fight a grandparent's motion for visitation or companionship rights with my child?

A: The court must consider your wishes as a parent in these cases. As with all situations in child custody, the court looks at the best interests of the child when making a determination.

Q: Can my visitation rights with my grandchild be terminated?

A: The court can typically modify or terminate your rights if there is sufficient legal reason to do so. This may be due to a change in circumstances that affects the best interests of the child. Another reason may be a change in your relationship to your grandchild if he/she is adopted by a stepparent and you are no longer the legal grandparent.

Q: If I have legal visitation with my grandchild that is at risk of termination due to a pending adoption by a stepparent, is there anything I can do to preserve my visitation rights?

A: At this time, you have no legal recourse. Once your status as a grandparent is severed by an adoption by a stepparent, your visitation rights are cut off as well. Ohio courts are unable to grant post-adoptive visitation.

If you are worried about being able to continue seeing you grandchild due to a pending divorce between your son/daughter and his/her spouse, contact Laubacher & Co. to learn more about grandparents' rights.