Circumstances

• In Ohio, like many other states, the parents of the child are given supreme control over whom can see their child, including grandparents. Yet under certain circumstances, the grandparents can file for visitation rights or even custody of their grandchild. For instance, if the parent on the grandparents' side passes away, the grandparents may file for partial custody or visitation. Other circumstances include the father's parents when the couple was never married and after the separation or divorce of the parents.
  
  

Burden of Proof

• Because parents typically have the final say, grandparents carry the burden of proof. In Ohio, grandparents can be awarded partial custody or visitation based on being the grandparent alone. In some circumstances, the grandparents may need to prove they have been a significant part of the child's life, such as being a primary caretaker or living with the child for a significant amount of time.
  
  

Determining Factors

• When a case is brought before Ohio courts, judges use a combination of factors to determine what is in the best interest of the child. The wishes of the parents are only a part of the determination. Other factors include age of the child, physical distance between the grandparents and parents, available time, prior relationship, the wishes of the child and the mental health of everyone involved. A prior criminal offense can also have an impact on the ruling.
  
  

Full Custody

• While most grandparents only want partial custody or visitation of a grandchild, some grandparents seek full custody. In most cases, full custody is not granted to a grandparent over a biological parent. Like many laws, though, exceptions exist. For instance, if the grandparents have proof that the child is being abused or neglected by his parents, they may have grounds for full custody. Even if the grandparents don't know about the abuse or neglect, Ohio law may allow for the grandparents to see the child.
  
  

Adoption

• The adoption of a child may or may not impact the rights of her grandparents to see her. If the primary caregiver of the child remarries and the stepparent adopts the child, the grandparents on the other biological parent's side can still file for and potentially receive partial custody rights to the child. If a child's parents both die and the child is adopted by a non-family member, the grandparents may still be granted rights, especially if they were a large part of the child's life. If the biological parents willingly give up the child for adoption, the grandparents cannot seek custody or visitation.