Consult an attorney. Family law is very detailed, and judges have quit a lot of discretion. Many things are likely to impact your case. Further, there is some tension between Ohio law and a US Supreme Court Decision regarding grandparents’ rights. If you can afford to hire a local attorney, you should do so. See How to Find a Good Attorney. If you can’t afford an attorney to represent you, consider hiring one to provide unbundled services. These services include: Preparing documents Giving you legal advice Teaching you the law as it applies to your case Coaching you through the process. Read your statutes. The US Supreme Court has ruled that courts cannot require grandparent visitation over the parents’ objections in most cases. [1] X Research source The Ohio Supreme Court has determined, however, that Troxel does not apply to the Ohio grandparent visitation statutes. This determination has not yet been challenged to the US Supreme Court. In Ohio, grandparents rights exist where the grandparent has an interest in the wellbeing of the child and the visitation is in the child’s best interest. Grandparents can ask for these rights: When both parents are unsuitable to care for

the child The parents are divorced or divorcing When the parents were never married A parent of the child is deceased Keep the child’s best interest factors in mind. The last thing the court must determine is whether the requested visitation is in the child’s best interest. The court will consider the following factors in making this determination:[2] X Research source The desires of the parents The child’s interactions with the parents and extended family The distance between the child’s home and the grandparent’s home Available time when considering employment, school, holidays, and vacations The child’s age The child’s adjustment to home ,school and community The child’s wishes The child’s health and safety The ability of the child to spend time with siblings The mental and physical health of all parties The willingness of the grandparents to be flexible with visitation Any convictions of the grandparents for crimes against children Any other factor the court finds relevant Locate the appropriate court. In Ohio, domestic relations cases are heard in either the Family Court or the Court of Common Pleas. Find the Family Court or Court of Common Pleas in the

county in which the child lives If there is a currently ongoing custody case, you will use the same court that is currently hearing issues regarding the children. If there is a closed or completed custody case, you will file in the court that heard issues regarding the children. Find and complete the appropriate forms. You can usually find pre-approved forms for family law on your court’s website. A packet for grandparent visitation rights will likely include: A complaint to establish grandparent visitation An affidavit of the child’s residential and legal history A request for service A magistrate’s order for hearing Prepare for filing. Sign all documents. Any that have a space for a notary to sign will need to be signed in front of a notary public. You can usually find one at banks, check cashing companies, or the courthouse. Many of them charge a fee. Make enough copies that: The clerk can have the originals You can retain a copy Each parent can have a copy File your documents. Take the original and all copies of your documents to the clerk of the court you located above. Give the clerk the originals Pay any associated filing fees Ask the clerk to stamp your copies with

the filing date Ask the clerk to sign or issue your summons or citation and return it to you. Serve the parents. Make the appropriate number of copies (for yourself and each other party) of the signed summons or citation. Attach one to a set of copies of the other documents. The parents must be served this entire set of documents within six months of filing. You may need to pay the clerk for this service, and the clerk will ensure service is made appropriately.[3] X Research source Wait for the answer. The parents have 28 days from the date served with the complaint to file a written answer. You should receive a copy of the answer, but if you do not, call the clerk and ask if it has been received.[4] X Research source Participate in discovery. Discovery is the process you use to gather evidence from the other party. Read Title V of the Ohio Rules of Civil Procedure to learn the various techniques. This is how you will gather evidence to convince the court to grant you visitation or custodial rights. Using discovery tools, you can:[5] X Research source Require the parents or witnesses to provide you with copies of documents Require the parents or witnesses to answer questions under

oath, either written or orally Sometimes you can require the parents or child to undergo medical or mental health examinations Make disclosures. Throughout the case, you will need to disclose information to the parents. In some cases, failure to disclose information can result in you not being allowed to present evidence of the thing you didn’t disclose, which may be the proof you need to convince the court to grant you visitation or custodial grandparent rights. Required disclosures include things such as: Lists of witnesses to testify at trial and the topic of their testimony Lists of physical evidence you will present at trial Lists of experts (psychologists, etc) who will be testifying at trial and what they will be testifying about. Read the Rules of Evidence. The evidence you produce in trial must comply with the Ohio Rules of Evidence. Without admissible evidence, you will not be able to show the court why it should grant you rights as a grandparent. If you don’t understand these rules, it is worth paying an attorney to help you. These rules will tell you:[6] X Research source What kind of evidence is admissible, such as documents, pictures, and witness testimony How to

get admissible evidence entered Proper ways to question witnesses Participate in mediation. In Ohio, mediation is considered a voluntary process, though a judge can refer parties to mediation. In mediation, a neutral third party tries to negotiate a settlement between you and the parents. The mediator does not make any decisions, so there is no need to bring evidence. The goal is to get you and the parents to agree to the rights you should have as a grandparent and how those rights will be exercised.[7] X Research source If mediation is successful, the mediator will prepare any necessary documents and submit them to the court for signature. This would likely end your trial if it was successful on all issues. If mediation is not successful, you simply proceed to trial. Mediation is a confidential process, and nothing said in mediation can be used or disclosed outside of the mediation process. Schedule your hearing. You will need to set a date and time for the court to review all of the evidence and determine what rights you have as a grandparent. Contact the clerk of your court to learn the process of scheduling hearings in your court. The clerk may schedule you for a scheduling

conference or hearing, during which time, the judge will ask questions to be sure all issues are ready for trial and to determine how much time will be needed for the hearing. Once the hearing is scheduled, you will need to notify the other party of the date of the hearing. Ask your clerk if your court has a form for that. The Notice of Hearing should include:[8] X Research source The date of the hearing The time of the hearing The location of the hearing The name of the judge who will conduct the hearing The amount of time the hearing is anticipated to last Attend your hearing. You should dress nicely for your hearing. Business suits are not required, but avoid shorts, flip flops, tank tops, mini skirts, or sagging pants. Speak only to the judge, and call him or her “Your Honor” or “Judge.” Remember that the judge is human and is more likely to grant you grandparent rights if you look and act like a person who will benefit the child. With some potential variation, the hearing is likely proceed in the following manner:[9] X Research source Opening statements of the petitioner (a roadmap of the case and what will be proven) Opening statements of the respondent Witnesses

called by the petitioner and cross examined by the respondent. Witnesses called by the respondent and cross examined by the petitioner. Closing arguments by the petitioner (a summary of the trial and arguments as to why the judge should rule in the petitioner’s favor) Closing arguments by the respondent Rebuttal by the petitioner Ruling by the judge Prepare the order. The winning side usually prepares the order, but the judge may keep blanks on the bench to fill in or tell an attorney involved in the case to prepare it. Without an order, you cannot enforce any grandparent rights the judge granted you. If you are tasked with preparing the order and cannot find a form for it: Copy the caption (heading) from other documents in the case Title it “Order” in the same location the other document lists the title In the body, put the date of the hearing, the issue that was heard, and how the judge ruled Insert the judge’s signature block that you copied from prior orders or got from the clerk or judicial assistant Make enough copies for the court and all parties (including yourself) File the original with the clerk Send copies to all other parties Contact the clerk to see when you

can get a copy of the signed order for your files Consider appealing. If the judge ruled that you have no rights as a grandparent, you can generally appeal to a higher court. Talk to an attorney to see if you may have grounds to overturn the ruling. You must usually file your appeal within 30 days of entry of the order. Check the Ohio Rules of Appellate Procedure to verify the time frame and procedure for appealing.[10] X Research source