Ohio Ohio

Child Visitation Laws

Visitation General Information

What is child visitation?

In the context of a child custody case, visitation is defined as the rights for a non-custodial parent to see their child, or as temporary custody that's been granted for a period of time to an otherwise non-custodial parent or relative.

In general, courts in Ohio assume that it is beneficial for both biological parents of a child to have shared custody or visitation, unless it is shown to be against the child's best interests. A biological parent who is denied custody may be awarded visitation rights to provide for a relationship between the parent and child.

Visitation by grandparents, family members, or other third-parties is less clear cut in Ohio, and nationwide. While there are state guidelines regarding third-party visitation in certain situations, these laws are frequently challenged.

Above all else, courts in Ohio strive to make custody and visitation decisions that are "in the best interests of the child". The court handling each individual visitation case has significant flexibility in determining what arrangement is in the child's best interests. You can read about Ohio's visitation guildelines on this page.




Ohio Child Visitation Summary

How are Visitation Rights Granted?

Ohio law states that a biological parent of a minor child may request visitation rights as part of an open divorce, parentage or custody case or may file a petition for visitation in none of these circumstances apply.

The court will decide a request for visitation based on whether granting a parent visitation would be in the "best interests of the child."

What is considered in a child's "best interests" are outlined under the custody and visitation statute which indicate the following factors are relevant to this type of decision:



  • The child’s wishes (if he or she is found to be of an appropriate age and maturity to decide


  • The wishes of the parents


  • The child’s relationship with each of the parents, as well as siblings or other members of the household in which the child might be placed


  • The child’s adjustment to a change in home, school, and community


  • The child’s mental and physical health


  • The parents’ mental and physical health


  • Each parent’s willingness to encourage and promote the child’s relationship with the other parent


  • The parents’ willingness to cooperate with one another and make decisions together


  • The physical proximity of the parents’ homes to one another.




A court may grant visitation rights if the child's parents are deceased, divorced, separated, were parties to a suit for annulment or child support, or were never married to one another. Grandparents must show they have an interest in the child's welfare. Adoption cuts off the visitation rights of grandparents unless adoption is granted to a stepparent.

Ohio Child Visitation For Grandparents, Relatives, and Third Parties

In the state of Ohio, there are a number of laws regarding child visitation regarding visitation for third-parties other than the biological parents of the child. While state laws regarding third-party visitation have been frequently been challenged in courts, they are a good indication of Ohio's positions regarding non-parental visitation rights.


Visitation Rights Of Grandparents In Ohio:

Ohio has special statutes regarding the child visitiation rights of grandparents under different circumstances. State law does not provide for general visitation rights of grandparents, but visitation rights may be presumed under certain parental situations.

Grandparents, Visitation In General

✗ NO

Grandparents, After Death Of Parent

✓ YES

Grandparents, After Divorce Of Parent

✗ NO

Grandparents, Parent Never Married

✗ NO

Regardless of state presumptions regarding grandparent's visitation rights under specific circumstances, an Ohio court may allow or prevent visitation rights in any situation based on the best interests of the child.


Visitation Rights Of Other Parties In Ohio:

Are step-parents granted visitation rights in the state of Ohio?

Generally it is an uphill battle for step-parents seeking visitation rights for a step-child, especially if the biological parents of the child are alive and are opposed to the visitation.

The state of Ohio does not have any laws that grant child visitation rights to step-parents, which may make applying for visitation significantly harder. In all cases, third-party visitation rights are more likely to be granted by the court if they are deemed to be in the best interests of the child.


Can other interested parties or relatives be granted visitation rights to a child in Ohio?

Under state of Ohio law, it may be possible for other individuals to be granted visitation rights by the court. This might include relatives other than the child'a parents, previous caregivers, etc.


Can parents be granted visitation rights after termination of parental rights or adoption in Ohio?

In the state of Ohio it may not be possible to be granted visitation rights after losing parental rights or giving up a child for adoption. This is the case with both biological parents and previous guardians.



| State Law Official Text


** This Document Provided By MaritalLaws **
Source: http://www.maritallaws.com/states/ohio/visitation