Most courts give great deference to the parents of children in child custody matters, and grandparents are awarded custody of their grandchildren only under limited circumstances.
For example, if both parents are unfit to have custody of their children, or if both parents are deceased, or if one parent is deceased and the other is in prison, grandparents may petition the court for custody of their grandchildren.
And grandparent visitation rights vary from state to state, and are often conditioned on certain circumstances, such as when the child’s parents are divorced, separated, or deceased.
In Ohio, the law recognizes the primacy of parents' rights in child custody matters. However, under certain circumstances, grandparents can be awarded custody or visitation rights. Ohio Revised Code Section 3109.04 provides that a court may allocate parental rights and responsibilities if it is in the best interest of the child, and this can include granting custody to grandparents. This typically occurs in situations where both parents are deemed unfit, are deceased, or if one parent is deceased and the other is incarcerated. Grandparent visitation rights are addressed under Ohio Revised Code Section 3109.11 and 3109.12, which allow a grandparent to request visitation if the parents are divorced, separated, or if one or both parents are deceased. The court will consider the best interest of the child when deciding on granting visitation rights to grandparents. It's important to note that these matters are complex and outcomes can vary widely based on individual circumstances, so consulting with an attorney for specific cases is advisable.