February 23, 2023

A child custody agreement can be difficult to develop, and grandparents often feel left out of the process. When a split between parents is not a friendly one, grandparents may worry they will be denied time with their grandchildren and wonder if they have legal rights. If you’re going through a divorce and your spouse’s parents are actively seeking visitation time with your children, it’s a good idea to make sure your children get time to spend with their grandparents, especially if they have a close relationship and they have always been an active part of your children’s lives.

What are the Child Custody Laws in Ohio for Grandparents?

There is a statute on the books that allows grandparents to petition for parenting rights. However, courts have basically said that parents have the ultimate say in who has contact with their children, so the statute is unenforceable. If the parents deny visitation by the grandparents, there isn’t much grandparents can do legally to enforce visitation.

Grandparent Visitation in the Child Custody Agreement

In most cases, the child custody agreement will not specify grandparent visitation, but will presume that when each parent is caring for the child they can determine who else the child will visit with during that time. For example, when the child is visiting with the father, the paternal grandparents would see the child during that time, and vice versa.

While the courts would like to assume that both parents are looking out for the best interests of the child, there have been cases where one parent will seek to “punish” the other by trying to deny visitation-even with grandparents. Divorce can be emotionally difficult, and navigating through the process when your spouse is not interested in amicable grounds can make things harder on everyone involved.

The Importance of Grandparent Visitation

Separation and divorce can be devastating for a child. The adjustment to a new life can be difficult. Keeping a healthy relationship with grandparents on both sides can be extremely important to the child’s well-being through divorce. It can serve as some stability while they are adjusting to their new normal. Parents who make the commitment to preserve the relationship between their children and grandparents will see the benefits this can offer. Having people who love their children and can be there to offer comfort and support through a difficult time like divorce is a way to support a healthy divorce process.

When grandparents find themselves struggling to maintain their relationship with their grandchildren due to a divorce, the best plan is to discuss their concerns with the parents, and offer unconditional, unbiased support with the children’s best interests in mind.

The courts in Ohio recognize the relationships between grandparents and their grandchildren are important, but unfortunately there isn’t any legal course of action grandparents can take to force a visitation agreement or schedule. The only time that I have had some success in convincing the court that grandparents should get visitation was when one parent is deceased, and the grandparents on the other side were granted visitation.

If you’re going through a similar situation and are being denied visitation with your grandchildren, or you are going through a difficult divorce and are looking for a trusted, experienced divorce attorney in Toledo, Ohio, contact my office right away.