Visitation & Parenting Time in Montgomery County

When the parents of a minor child divorce, have their marriage dissolved or annulled, or legally separate, the court may issue an order affording parenting time to the nonresidential parent. Visitation may be granted to grandparents or other relatives if a child’s parents have their marriage terminated or are unmarried, or a parent dies. Local courts have considerable discretion in granting parenting time and visitation rights, as they are required by state law to determine what serves the child’s best interest. State statutes and state and local court rules guide their decisions. The following brief summation illustrate the court’s views.

Parenting Time and Visitation: When and to Whom Granted

When Married Parents Terminate Marriage or Separate In a divorce, dissolution, annulment, or legal separation proceeding involving a child for whom the court has not issued a shared parenting decree,1 the court must issue an order granting just and reasonable parenting time rights to the nonresidential parent, unless it determines that parenting time would not be in the child’s best interest. The order must specify a schedule of parenting time. If the court determines parenting time would not be in the child’s best interest, it must publish in its journal the findings of fact and conclusions of law supporting that determination.

How Do I File for Visitation Rights in Ohio?  

Filing for visiting rights in Ohio might be stressful, but understanding the process can make things much easier. Whether you're a parent, grandparent, or another family requesting visitation, this article explains the steps and requirements so you can make an informed decision. 

Step 1: Determine Whether You Have Standing to File

Parents, grandparents, and other relatives with a meaningful tie to the child are among those who can obtain visitation privileges under Ohio law. The courts will consider whether providing visitation is in the child's best interest. Before starting, ensure that you meet all of the legal requirements.

Step 2: Understand the Legal Process

Visitation rights are normally handled by the domestic relations or juvenile court in the county where the child lives. If there is an existing custody or divorce case, the petition may need to be submitted in the same court as that case.

Step 3: Gather the Necessary Forms

To file for visitation privileges in Ohio, you must fill out and submit specific forms. These forms may differ significantly by county, although they commonly include: 
 

• Petition for Visitation: This document summarizes your request and explains why visitation is in the child's best interests. 
• Affidavit of Parental Affiliation (if appropriate): Used to establish a parental or relational connection with the child. 
• Additional Supporting Documentation: Evidence such as communications, images, or proof of a prior contact with the child can help your case. 
  The court website for the relevant county usually has downloadable forms, or you can contact the court clerk for help.

Step 4: File the Forms With the Court

Take the completed forms to the domestic relations or juvenile court in your county. You will need to: 

• Pay the filing fee (which varies by county). If you cannot pay the cost, you may file a poverty affidavit to get a waiver. 
• Submit the forms for clerk inspection, ensuring that all information is correct.

Once filed, your petition will be entered into the judicial system.

Step 5: Serve the Other Party

After filing, send a copy of the petition to all necessary parties, including the child's custodial parent(s). This guarantees that the opposite party is advised of the request for visitation. Service is often provided via certified mail, a process server, or law enforcement. 

Step 6: Attend the Court Hearing

The court will set up a hearing to evaluate your visitation petition. 

At the hearing, you will have to: 

• Present your case and explain why visitation is in the child's best interests.
• Show evidence of your bond with the child and how visitation improves their general well-being. 

The custodial parent can also express their opinion. The judge will consider all aspects, including the child's current living situation, school, and emotional well-being. 

Step 7: Await the Court’s Decision

The judge will issue a decision based on the presented evidence and Ohio’s best interest of the child standard. If approved, you’ll receive a specific visitation schedule or terms to follow.

Additional Considerations

• Mediation – Some Ohio courts may require or recommend mediation to reach an agreement outside of the courtroom.
• Modifying Existing Orders – If there’s already a custody or visitation order in place, you may need to file a motion to modify visitation instead of a new petition.
• Legal Representation – While not required, working with a family law attorney can improve your chances of success by ensuring your petition and evidence are well-prepared.

Filing for visitation rights in Ohio requires careful preparation and an understanding of the legal system. The process focuses on ensuring visitation aligns with the child’s best interest, so gathering strong evidence and presenting a compelling case are key. 

If you need guidance along the way, consider reaching out to the Montgomery County visitation/parenting time attorney at the Law Offices Of Gump & Deal for legal advice or representation.