Dayton visitation law after divorce
In a divorce, legal separation, or annulment involving children, visitation orders are established. The basis for visitation rights is the child’s best interest. Generally, the court prefers children have contact with both parents. And, grandparents and unmarried parents have possible visitation options.
What determines visitation rights?
The court bases visitation rights on the best interest of the child and factors considered include:
- Child’s relationships with parents, siblings, and other persons
- Available time of all parties
- Child’s adjustment to home, school, and community
- Child’s wishes
- Child’s age, health, and safety
- Mental/physical health of all parties
- Each parent’s willingness relative to visitation
- Parental history of abuse/neglect, and domestic violence
- Parental established residences and out of state residence
Can visitation be denied if I fail to make child support payments?
Visitation and support are two separate issues and visitation may not be denied. Conversely, neither may you withhold support payments because of visitation denial by your ex spouse.
How can I enforce my visitation rights when my ex denies access?
You can request that the court find your ex spouse in contempt. If found in contempt, consequences include:
- Legal and court costs
- Court order to make up missed visitation time
- Jail time
Can I change the visitation order with my child?
Visitation can be modified, but changed circumstances or factors previously unknown at the time of the original visitation order must exist. Generally, visitation modifications only occur if it is shown to be in the best interest of your child.
May I get visitation rights to see my grandchildren?
Ohio visitation rights law allows grandparents of divorced or deceased parents to request visitation orders. Circumstances which allow grandparent visitation may include:
- Grandchild is illegitimate
- Grandchild’s parent is deceased
- Both parents are proved unfit
- Visitation is otherwise in the child’s best interest
Can our court-ordered visitation with our grandchildren be terminated by stepparent adoption?
Based on Ohio law, your visitation rights may terminate in stepparent adoption. An accomplished grandparents rights lawyer can advise you about your situation.
Get advice about visitation
Dayton child visitation rights are probably the most hotly contested issue in divorces. Consulting with an experienced and knowledgeable child visitation rights attorney can help you determine your rights and legal options.