companionship & visitation

noun

com•pan•ion•ship & vis•i•ta•tion

Companionship and visitation, simply put, is your official permission slip from the court to hang out with a child who’s important to you—because sometimes, family dynamics get messy, and someone needs to play referee.

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Companionship and visitation is basically the court’s way of making sure you still get to see that little human who lights up your life—even if family drama threatens to get in the way.

Companionship is the legal version of calling dibs on quality time. Think grandparent-grandchild bonding over ice cream, teaching your favorite hobby, or sharing those “back in my day” stories (whether they asked for them or not).

Visitation, on the other hand, is the court-approved playdate schedule. It’s your official license to show up, spend time, and remind them why you’re their favorite person (even if they don’t admit it out loud).

In short: it’s the court’s way of saying, “Yes, family can be complicated, but those bonds still matter—so go make some memories!”

Filing the Complaint:
- The individual must file a complaint in the county where the child resides.
- The complaint should include detailed information about the petitioner’s relationship with the child, the requested visitation schedule, and why visitation is in the child’s best interest.
Notification to Parents or Guardians:
- The child's parents or guardians must be notified of the filing and given the opportunity to respond.
Court Review and Hearing:
- The court will hold a hearing to review the circumstances and consider evidence supporting the request for visitation.
- Both parties (the petitioner and the parents/guardians) may present testimony and evidence.
Court Decision:
- The court will make a decision based on what it determines to be in the child’s best interest, as outlined by Ohio Revised Code Section 3109.051.
- Factors considered include the child’s relationship with the petitioner, the wishes of the parents, the child’s age, and the impact on the child’s daily life.

Under Ohio law, the following individuals may file a complaint to request visitation rights:

Grandparents: A common group seeking companionship or visitation when the relationship between parents and grandparents is strained, or in cases of divorce, separation, or the death of one parent.
Relatives or Non-Parents: Extended family members or other individuals with a significant relationship with the child may file if they can demonstrate their involvement is in the child’s best interest.
Step-Parents or Former Step-Parents: These individuals may file if they have established a close bond with the child.
Others: Individuals who can prove a compelling reason for their involvement in the child’s life.

Ohio law recognizes that grandparents can play a vital role in a child’s upbringing, particularly in the following circumstances:

Divorce, Separation, or Annulment:
If the parents’ marriage is dissolved or annulled, grandparents may file for visitation as part of the custody case.
Unmarried Parents:
If the child’s parents were never married, grandparents may file a complaint or motion for visitation. Paternity must be established first if seeking visitation with the father’s parents.
Death of a Parent:
Grandparents of the deceased parent may file to maintain a relationship with the child.
Situations of Estrangement or Denial of Access:
If grandparents have been cut off from contact with the child without a valid reason, they may petition for court-ordered visitation.

Key Considerations for Grandparents:

Best Interests of the Child: The court will prioritize the child’s best interests over the grandparents’ desire for visitation. A strong, pre-existing relationship between the grandparent and child is crucial.
Parental Rights: Ohio courts give significant weight to a fit parent’s wishes regarding visitation. The grandparents must prove that visitation is beneficial to the child and not harmful to the parent-child relationship.
Limited Scope: Court-ordered visitation rights for grandparents are specific and do not grant the same rights as legal custody or parental decision-making authority.

A Complaint to Establish Companionship or Visitation may be filed when:

Access to the child has been restricted or denied.
The petitioner believes their involvement benefits the child’s well-being.
A significant event, such as a divorce or death of a parent, has altered the family structure.

Navigating the process to establish companionship or visitation can be complex, especially when the request is contested by the child’s parents. Petitioners should consider consulting with a Gavvl family law attorney to ensure compliance with Ohio laws, prepare a compelling case, and advocate effectively in court.

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