Understanding Grandparent and Relative Companionship Time Rights in Ohio

Jasmine Riechmann • November 19, 2025

For many Ohio families, grandparents and extended relatives play an important role in a child’s life. When family dynamics change because of divorce, separation, or other circumstances, it can be confusing to know whether you still have a legal right to see the child. Ohio law allows certain non-parents to request companionship time under specific

circumstances.


When Can a Relative Ask the Court for Companionship Time?

A motion for companionship time must be filed in the juvenile or domestic relations court located in the county where the child lives. Under Ohio law, a court will consider grandparent or relative companionship requests only in the following situations:


  • In a case involving a divorce, dissolution, legal separation annulment, or custody
  • action, either before or after a decree is issued;
  • When one or both parents of the child has passed away;
  • When the child is born to unmarried parents.
  • When a child is born to unmarried parents, additional requirements apply. Specifically, paternal relatives must show that paternity rights have been established to the father through paternity proceedings or voluntary acknowledgment. If paternity has not yet been established, it may not be possible to pursue companionship without cooperation from the parent(s).


What Will the Court Consider?

If you are a party is seeking companionship time, the court’s focus is always on the child’s best interests and welfare. Ohio law lists several factors the court may consider, but no one factor is determinative. These include:


  • Prior relationship between the child and the relative– The court will want to see a longstanding, consistent relationship between the petitioner and the child. Keeping notes of past contact and involvement in their life can be helpful.
  • The child's age and adjustment to home, school, and community 
  • The geographical location of the child and relative's residences
  • The child’s and parents’ available time, including schedules- The court will ensure that companionship does not interfere with existing parenting time or the child’s activities.
  • The wishes of the child
  • The health and safety of the child
  • The mental and physical health of all parties
  • Whether the person seeking companionship time has been convicted of or pleaded guilty to any criminal offense involving an act that resulted in a child being abused or neglected
  • The wishes of the parent(s)- Courts presume that a fit parent acts in the child’s best interests. That means it will be the petitioner’s burden to show why companionship time is still appropriate, even if the parent objects. The court will also expect that the petitioner respect the parent’s right to make decisions and avoid interfering with parenting time or decision-making.
  • The court may also consider whether the parent related to the petitioner currently has custody or parenting time. In some cases, it may be more effective to support that parent in seeking additional time and then request contact during their parenting time.


Possible Outcomes and What to Expect

If you are considering seeking companionship, you should first choose to have a respectful conversation with the parent(s) before going to court. Filing a court action without any discussion may damage already fragile relationships and make a resolution more difficult.


Ultimately, a motion may need to be filed. If a motion is filed, you may ask the court to issue a temporary order granting contact while the case is pending- particularly if the child is being withheld.


Outcomes in these cases can vary widely. The court might award day visits, overnight visits, extended time, holiday time, or limited “buildup” time depending on the circumstances. The Court may also impose certain rules to be followed during companionship time if necessary.


If the court issues any orders, flexibility and cooperation are key. If a parent or relative does not follow an order, you may ask the court to enforce it, typically through a contempt motion or a request for makeup time.


Special Circumstances & Considerations

In some situations, the ability of a petitioner to seek companionship time may be restricted by factors outside of their control.


Adoption

For a child whose parents are divorced or separated or a child born to an unmarried woman, the Ohio Supreme Court has held that an Ohio law providing that a final decree of adoption terminates all legal relationships between the adopted person and the adopted person’s relatives has the effect of terminating third-party visitation rights for the relatives whose

status has changed as a result of the adoption. This applies regardless of whether the child is adopted by strangers, relatives, or a stepparent.


There are certain nuances and exceptions to be aware of.

  • Adoption after death of parent(s)- In Ohio, your companionship rights cannot be curtailed or restricted by a subsequent stepparent adoption if the parent(s) has/have died.
  • Adoption where parental rights are retained - If the parent related to you retains their parental rights after a stepparent adoption, you may still request companionship time.


Protective Custody or Termination of Parental Rights

Ohio law does not specifically provide companionship rights for grandparents or relatives when the child is in the temporary custody of a public agency, or when the parents’ rights have been terminated. Visitation in these cases is typically at the discretion of the agency and limited to what is determined to be in the child’s best interests.


Conclusion

Every family is different, and Ohio courts evaluate these cases carefully and on a case by case basis. If you are a relative seeking visitation or companionship time, or a parent who would like to understand how these laws apply to your situation, our office is here to help.


Contact us today to schedule a consultation and discuss your options.