Ohio Child Visitation Laws

Making decisions about child custody can be one of the most difficult aspects of a divorce. Sometimes, parents can devise a custody arrangement, also known as a parenting agreement, on their own. More often than not, the court needs to intervene.

Each state has its own laws to govern child custody and visitation decisions. Whether the parents ever married, family courts seek an outcome that is in the best interests of the child.

In Ohio, parenting time is the parents' visitation schedule. State law generally calls it companionship time or visitation rights when dealing with non-parents. But Ohio courts may use these terms interchangeably.

Parenting Time Rights in Ohio

Family courts in Ohio recognize the importance of a child maintaining frequent and meaningful contact with both parents. In a pending divorce or separation case, state law acknowledges that married parents stand on equal footing in parenthood. Yet, the state has resisted efforts to make joint custody with equal parenting time the default in the law.

Ohio refers to joint custody as shared parenting. Shared parenting involves shared decision-making responsibilities between both parents. In a shared parenting case, each parent has legal custody of the child while the child is in their care. The parents' shared parenting plan says how the parties make decisions together and will establish the residential parent for school purposes. It will also include a parenting time schedule, which may include equal time with each parent.

Sole custody is when one parent has legal custody (decision-making rights) and physical custody of the child. In this case, the custodial parent usually serves as the primary residential parent. The court order will then grant specific parenting time to the non-custodial parent.

Courts often establish a detailed parenting time schedule, including specific times for weekdays, weekends, holidays, and school breaks.

In a contested case, the family court may order the parents to try mediation to resolve their differences. The court or the parents may also seek a Guardian ad Litem (GAL). A GAL can recommend what parenting time schedule is in the child's best interests to the court.

When parents can't agree on a shared parenting plan or resolve custody or parenting time concerns, the matter will move to an evidentiary hearing or trial. Ohio courts will issue a custody order that outlines each parent's legal rights and responsibilities based on the child's best interests. In this way, the court seeks to ensure that the parenting time schedule serves the child's well-being. The goal is to create a consistent and nurturing environment that supports the child's emotional and physical health. But it must also respect each parent's rights.

In cases involving an unmarried mother, state law designates her as the child's residential parent and legal custodian until a court order states otherwise. An unmarried father must first pursue a parentage case before seeking to establish their rights to visitation or custody.

Generally, Ohio courts look for both parents to support their child financially and to have regular parenting time. Although parents may often link the consistency of child support payments with the right to parenting time, the law treats these matters separately. Whether a parent has complied with a child support order is one factor a court may consider in determining what custody orders are in the child's best interests. A parent's financial circumstances should not limit visitation.

Visitation Rights for Non-Parents

Under most circumstances, grandparents and other close family members visit with minor children at their parents' discretion. Yet, Ohio law also recognizes the right of non-parents to seek visitation rights with children in cases of divorce, dissolution, legal separation, annulment, or a child support proceeding.

For example, a grandparent may file a motion seeking visitation rights from the court. The court then must determine that the grandparent has an interest in the welfare of the child. Then, the court must decide that regular visitation would be in the child's best interests. The remarriage of the residential parent does not affect the court's authority.

In determining whether non-parent visitation is in the child's best interests, the court will review a set of legal factors. These include the mental and physical health of all parties and the wishes of the parents and the child.

Ohio Child Visitation Laws at a Glance

In the following chart you can find a summary of Ohio child visitation laws and links to relevant statutes.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of any state laws you are reviewing.

Ohio Child Visitation Laws: Related Resources

For more information related to this topic, visit the links below:

• Ohio Child Custody Laws
• Ohio Child Custody Forms and Process
• Ohio Family Laws
• Ohio Supreme Court — Children and Families Section
• Planning for Parenting Time — A Resource for Parents Living Apart in Ohio
• Parental Visitation Rights FAQ

Get Legal Help to Better Understand Child Visitation Laws in Ohio

Even though a divorce ends the relationship between a couple, a child needs to maintain their parental relationships. If you have questions about your child custody case, or you'd like help enforcing your child visitation rights, it's a good idea to reach out to an experienced family law attorney near you today for legal advice.