Grandparent Visitation Petition - Ohio

PETITION (COMPLAINT / MOTION) FOR GRANDPARENT COMPANIONSHIP AND VISITATION

(Ohio — R.C. §§ 3109.11, 3109.12, 3109.051(B))

I. PARTIES

1.1 Petitioner(s) — Grandparent(s)

Co-Petitioner (spouse / other grandparent), if applicable:

1.2 Respondent(s) — Parent(s) / Custodian

1.3 The Minor Child

II. JURISDICTION AND VENUE

2.1 Subject-matter jurisdiction. This Court has jurisdiction over this action under (check the applicable basis):

☐ R.C. § 3109.11 — A parent of the minor child is deceased, and this is the court of common pleas of the county in which the child resides.

☐ R.C. § 3109.12 — The child was born to an unmarried woman, and this is the court of common pleas of the county in which the child resides.

☐ R.C. § 3109.051(B) — A divorce, dissolution, legal separation, annulment, or child-support proceeding involving the child is pending in or was decided by this Court, and Petitioner moves in that proceeding (Case No. [____________]).

2.2 UCCJEA home state. Ohio is the home state of the minor child under the Uniform Child Custody Jurisdiction and Enforcement Act, R.C. §§ 3127.01 et seq., because:

☐ The child has lived in Ohio with a parent or person acting as a parent for at least six (6) consecutive months immediately before the filing of this action; or

☐ Ohio was the child's home state within six (6) months before filing and a parent or person acting as a parent continues to live in this State; or

☐ Other basis: [____________]

2.3 Venue. Venue is proper in [COUNTY] County because the minor child resides in this county.

2.4 Other proceedings.

☐ There are no other pending or prior proceedings concerning the custody, companionship, or visitation of the minor child.

☐ There are other proceedings — Court: [____________]; Case No.: [____________]; Nature: [____________].

III. STANDING — STATUTORY TRIGGER

3.1 Petitioner has standing because one of the following statutory circumstances exists (check the applicable trigger and complete the supporting facts):

☐ § 3109.11 — Deceased parent. [NAME], the [☐ mother ☐ father] of the child and the [☐ son ☐ daughter] of Petitioner (or to whom Petitioner is otherwise related), is deceased. Date of death: [__/__/____]. Petitioner is a parent or other relative of the deceased parent.

☐ § 3109.12 — Child born to an unmarried woman.
☐ Petitioner is a parent or relative of the child's mother, who was unmarried at the time of the child's birth; or
☐ Petitioner is a parent or relative of the father, and the father has acknowledged the child (acknowledgment final under R.C. § 2151.232, § 3111.25, or § 3111.821) or has been judicially determined to be the father under R.C. Chapter 3111. Basis: [____________].

☐ § 3109.051(B) — Domestic-relations proceeding. A ☐ divorce ☐ dissolution ☐ legal separation ☐ annulment ☐ child-support proceeding involving the child is pending in or has been decided by this Court (Case No. [____________]), and Petitioner moves for companionship/visitation as a person with an interest in the welfare of the child.

3.2 Supporting facts for the trigger checked above:

[____________________________________________________________]

IV. FACTUAL ALLEGATIONS

4.1 History of the relationship. Petitioner has had a significant relationship with the minor child, as follows:

[____________________________________________________________]

4.2 Interest in the welfare of the child. Petitioner has a genuine and demonstrated interest in the welfare of the child, as follows:

[____________________________________________________________]

4.3 Circumstances leading to this Petition. Companionship or visitation has been denied or unreasonably limited, as follows:

[____________________________________________________________]

V. CONSTITUTIONAL AND STATUTORY STANDARD

5.1 Special weight to a fit parent's decision (Troxel). Petitioner acknowledges that parents have a fundamental constitutional right to make decisions concerning the care, custody, and control of their children, and that a fit parent's decision regarding companionship and visitation is entitled to special weight. Troxel v. Granville, 530 U.S. 57 (2000).

5.2 Ohio scheme upheld (Harrold v. Collier). The Ohio Supreme Court has held that Ohio's grandparent companionship and visitation statutes are constitutional under Troxel because they require the court to consider the wishes and concerns of the child's parents and to afford them special weight as part of the best-interest analysis. Harrold v. Collier, 107 Ohio St.3d 44, 2005-Ohio-5334, 836 N.E.2d 1165.

5.3 Best-interest standard. Companionship or visitation may be granted only if the Court determines, after considering the parents' wishes and the factors in R.C. § 3109.051(D), that the grant is in the best interest of the child. R.C. §§ 3109.11, 3109.12(B), 3109.051(B)(1)(c).

5.4 Written findings on denial. If the Court denies the requested companionship or visitation and Petitioner files a written request, the Court shall state its findings of fact and conclusions of law in accordance with Civ. R. 52. R.C. §§ 3109.11, 3109.12.

VI. BEST INTEREST OF THE CHILD — § 3109.051(D) FACTORS

6.1 Petitioner alleges that companionship/visitation is in the child's best interest in light of the relevant factors under R.C. § 3109.051(D), including:

☐ (D)(1) The prior interaction and interrelationships of the child with Petitioner and with the child's parents, siblings, and other persons.

☐ (D)(2) The geographical location of Petitioner's residence and the distance between that residence and the child's residence.

☐ (D)(3) The child's and parents' available time, including school, employment, holiday, and vacation schedules.

☐ (D)(4) The age of the child.

☐ (D)(5) The child's adjustment to home, school, and community.

☐ (D)(6) The wishes and concerns of the child's parents.

☐ (D)(7) If the Court has interviewed the child in chambers, the child's wishes and concerns, considering the child's age and maturity.

☐ (D)(8) The health and safety of the child.

☐ (D)(9) The amount of time the child will spend with siblings.

☐ (D)(10) The mental and physical health of all parties.

☐ (D)(11) Each parent's willingness to reschedule missed time and to honor and facilitate companionship/visitation.

☐ (D)(13) Whether either parent or any household member has been convicted of or pleaded guilty to a relevant offense; any history of abuse, neglect, or domestic violence.

☐ (D)(16) Any other factor in the best interest of the child.

6.2 Supporting facts:

[____________________________________________________________]

6.3 Child's preference (if of sufficient age and maturity).

☐ The child has expressed a desire to maintain a relationship with Petitioner: [____________]

☐ The child is too young to express a preference.

VII. PROPOSED COMPANIONSHIP / VISITATION SCHEDULE

7.1 Regular companionship/visitation. Petitioner requests:

☐ Weekly: [____________] ☐ Monthly: [____________] ☐ Other: [____________]

7.2 Holidays and special occasions.

7.3 Transportation / exchange. [____________]

7.4 Communication. Telephone/video contact: [____________]

VIII. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

A. Find that Petitioner has standing under the applicable statute (R.C. § 3109.11, § 3109.12, or § 3109.051(B)) as set forth in Section III;

B. Determine, after considering the wishes and concerns of the child's parents and the factors in R.C. § 3109.051(D) and affording the parents' decision special weight, that reasonable companionship or visitation with Petitioner is in the best interest of the minor child;

C. Enter an order awarding Petitioner reasonable companionship and visitation with the minor child pursuant to the schedule in Section VII, or as the Court deems just;

D. Issue findings of fact and conclusions of law as provided by R.C. §§ 3109.11 and 3109.12 if the requested relief is denied and findings are requested;

E. Assess costs as the Court deems equitable; and

F. Grant such other and further relief as the Court deems just and proper.

IX. VERIFICATION

STATE OF OHIO )
COUNTY OF [____________] ) SS:

I, [PETITIONER NAME], being first duly sworn, state that I am the Petitioner in this action; that I have read the foregoing Petition; and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

_________________________________
[PETITIONER NAME], Petitioner

Sworn to and subscribed before me this ___ day of __________, 20___.

_________________________________
Notary Public
My Commission Expires: ___________

X. SIGNATURE

Respectfully submitted this ___ day of __________, 20___.

_________________________________
[PETITIONER NAME], Pro Se
OR
_________________________________
[ATTORNEY NAME], Ohio Reg. No. [____________]
[FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Attorney for Petitioner

XI. NOTICE TO RESPONDENT

TO THE RESPONDENT(S): A Petition (Complaint/Motion) for Grandparent Companionship and Visitation has been filed concerning the above-named child. You are required to file a written answer or other response with the Clerk of this Court and to serve a copy on Petitioner or Petitioner's attorney within the time allowed by the Ohio Rules of Civil Procedure and the local rules of this Court after service of this filing. If you fail to do so, judgment by default may be entered against you for the relief demanded. You have the right to be represented by an attorney.

XII. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing Petition (and accompanying UCCJEA affidavit) was served upon each Respondent by ☐ personal service ☐ certified mail ☐ service of process server ☐ other [____________], at the address(es) listed above.

_________________________________
[PETITIONER / ATTORNEY SIGNATURE]

SOURCES & REFERENCES

• Ohio Rev. Code § 3109.11 — companionship/visitation for parents and other relatives where the child's father or mother is deceased; best interest under § 3109.051(D); written findings on denial.
• Ohio Rev. Code § 3109.12 — child born to an unmarried woman; standing of the mother's parents/relatives, and of the father's parents/relatives where paternity is acknowledged (final) or established; best interest under § 3109.051(D).
• Ohio Rev. Code § 3109.051(B) — companionship/visitation to a grandparent or other non-parent in a divorce, dissolution, legal separation, annulment, or child-support proceeding, on a showing of an interest in the welfare of the child and best interest.
• Ohio Rev. Code § 3109.051(D) — best-interest factors the court must consider.
• Harrold v. Collier, 107 Ohio St.3d 44, 2005-Ohio-5334, 836 N.E.2d 1165 — Ohio Supreme Court upheld Ohio's grandparent companionship/visitation statutes after Troxel; parents' wishes receive special weight within the best-interest analysis.
• Troxel v. Granville, 530 U.S. 57 (2000) — a fit parent's decision is entitled to special weight.
• Ohio Rev. Code §§ 3127.01 et seq. — UCCJEA; § 3127.23 (affidavit).

This Petition is a preparation aid only. The correct statute, court, and filing vehicle in Ohio depend on the trigger (deceased parent, unmarried mother, or a pending/decided domestic-relations case). A fit parent's decision is entitled to special weight. Consult a licensed Ohio family law attorney before filing.