Grandparent Visitation in Ohio
Grandparent visitation in Ohio where the child was born in wedlock and one parent died either during the marriage or after the divorce.
In Ohio, the right of grandparents to associate with their grandchildren is not constitutional, but purely statutory. [1] Where the child was born in wedlock, the General Assembly authorizes grandparent visitation only where the parents' marriage is no longer intact through divorce, annulment, dissolution, or a child support proceeding. [2] That discrimination is facially constitutional. [3] In all cases involving fit parents, courts give the parents' wishes about visitation special weight. [4]
The statutes do not address specifically the rights of grandparents where the grandchild was born in wedlock and the natural parent died during the marriage. [5] But where the parent died after a divorce, if a motion for grandparent visitation was not filed in the divorce proceeding, the court can consider a motion for grandparent visitation filed later. [6] If the visitation motion was filed during the divorce, then the court may need to find a change in circumstances. [7]
After giving the parent's wishes appropriate weight, a child's best interest applies under R.C. 3109.051(D).[8] [9]