(A) If a child is born to an unmarried woman, the parents of the woman and any relative of the woman may file a complaint requesting the court of common pleas of the county in which the child resides to grant them reasonable companionship or visitation rights with the child. If a child is born to an unmarried woman and if the father of the child has acknowledged the child and that acknowledgment has become final pursuant to section 2151.232, 3111.25, or 3111.821 of the Revised Code or has been determined in an action under Chapter 3111. of the Revised Code to be the father of the child, the father may file a complaint requesting that the court of appropriate jurisdiction of the county in which the child resides grant him reasonable parenting time rights with the child and the parents of the father and any relative of the father may file a complaint requesting that the court grant them reasonable companionship or visitation rights with the child.
(B) The court may grant the parenting time rights or companionship or visitation rights requested under division (A) of this section, if it determines that the granting of the parenting time rights or companionship or visitation rights is in the best interest of the child. In determining whether to grant reasonable parenting time rights or reasonable companionship or visitation rights with respect to any child, the court shall consider all relevant factors, including, but not limited to, the factors set forth in division (D) of section 3109.051 of the Revised Code. Divisions (C), (K), and (L) of section 3109.051 of the Revised Code apply to the determination of reasonable parenting time rights or reasonable companionship or visitation rights under this section and to any order granting any such rights that is issued under this section.
The marriage or remarriage of the mother or father of a child does not affect the authority of the court under this section to grant the natural father reasonable parenting time rights or the parents or relatives of the natural father or the parents or relatives of the mother of the child reasonable companionship or visitation rights with respect to the child.
If the court denies a request for reasonable parenting time rights or reasonable companionship or visitation rights made pursuant to division (A) of this section and the complainant files a written request for findings of fact and conclusions of law, the court shall state in writing its findings of fact and conclusions of law in accordance with Civil Rule 52.
Except as provided in division (E)(6) of section 3113.31 of the Revised Code, if the court, pursuant to this section, grants parenting time rights or companionship or visitation rights with respect to any child, it shall not require the public children services agency to provide supervision of or other services related to that parent's exercise of parenting time rights with the child or that person's exercise of companionship or visitation rights with the child. This section does not limit the power of a juvenile court pursuant to Chapter 2151. of the Revised Code to issue orders with respect to children who are alleged to be abused, neglected, or dependent children or to make dispositions of children who are adjudicated abused, neglected, or dependent children or of a common pleas court to issue orders pursuant to section 3113.31 of the Revised Code.
Notes of Decisions
Cited in 113
cases (32 in the last 5 years), 1990–2026 · leading case: In re A.R., 2023 Ohio 394 (Ohio Ct. App. 2023).
In re A.R., 2023 Ohio 394 (Ohio Ct. App. 2023). · cites it 68דAppellant subsequently filed an original complaint for grandparent visitation, pursuant to R.C. 3109.12, and on April 19, 2022, the matter proceeded to trial.”
Doughty v. Doughty, 2019 Ohio 974 (Ohio Ct. App. 2019). · cites it 24דAPPELLANT WAS UNMARRIED AT THE TIME OF THE CHILD’S BIRTH, AND SO ONLY R.C. 3109.12 WOULD HAVE BEEN APPLICABLE, REQUIRING PATERNAL GRANDMOTHER TO FILE A COMPLAINT IN THE JUVENILE COURT AS A PARTY- Delaware County, Case No.”
In re C.W., 2018 Ohio 5265 (Ohio Ct. App. 2018). · cites it 12דThe Sherwoods asserted that they were entitled to visitation, pursuant to R.C. 3109.12, as the paternal grandparents of the minor children born to Ms.”
Reeves v. Tait, 2022 Ohio 393 (Ohio Ct. App. 2022). · cites it 24דReeves appeals asserting a single assignment of error: “[t]he trial court erred in finding Petitioner had no standing to petition the court for grandparent visitation under R.C. 3109.12 with regard to minor child, [R.”
Badescu v. Badescu, 2020 Ohio 4312 (Ohio Ct. App. 2020). · cites it 8ד051(D), which provides, as follows: In determining whether to grant parenting time to a parent pursuant to this section or section 3109.12 of the Revised Code or companionship or visitation rights to a grandparent, relative, or other person pursuant to this section or section…”
In re A.Z., 2011 Ohio 6739 (Ohio Ct. App. 2011). · cites it 12דThe juvenile court found that, as applied in this case, R.C. 3109.12 violates the Equal Protection Clause.”
In re K.M.-B., 2015 Ohio 4626 (Ohio Ct. App. 2015). · cites it 9דR.C. 3109.12 (B) provides that [t]he marriage or remarriage of the mother or father of a child does not affect the authority of the court under this section to grant * * * the parents or relatives of the natural father or the parents or relatives of the mother of the child…”
Hamilton v. Hamilton, 2016 Ohio 5900 (Ohio Ct. App. 2016). · cites it 4ד051(D) provides: In determining whether to grant parenting time to a parent pursuant to this section or section 3109.12 of the Revised Code or companionship or visitation rights to a grandparent, relative, or other person pursuant to this section or section 3109.”
Harrold v. Collier, 836 N.E.2d 1165 (Ohio 2005). · cites it 2ד” {¶ 16} R.C. 3109.12 provides: {¶ 17} “(A) If a child is born to an unmarried woman, the parents of the woman and ány relative of the woman may file a complaint requesting the court of common pleas of the county in which the child resides to grant them reasonable companionship…”
In re C.W., 2020 Ohio 2660 (Ohio Ct. App. 2020). · cites it 11דThen, on May 10, 2011, the Sherwoods filed a motion seeking to establish grandparent visitation and companionship rights pursuant to R.C. 3109.12 in the alternative to an award of custody.”
In re L.R.M., 2015 Ohio 4445 (Ohio Ct. App. 2015). · cites it 12ד{¶ 23} R.C. 3109.12 governs parenting time and visitation rights where a mother is unmarried.”
In re R.G., 2021 Ohio 93 (Ohio Ct. App. 2021). · cites it 7דIn Rugola-Dye, the parents challenged the Delaware County Juvenile Court’s jurisdiction, arguing that their subsequent marriage divested the juvenile court of jurisdiction over R.C. 3109.12 grandparent visitation. Id. at ¶ 25.”
In re A.R., 2023 Ohio 394 (Ohio Ct. App. 2023). “Appellant subsequently filed an original complaint for grandparent visitation, pursuant to R.C. 3109.12, and on April 19, 2022, the matter proceeded to trial.”
In re K.M.-B., 2015 Ohio 4626 (Ohio Ct. App. 2015). “R.C. 3109.12 (B) provides that [t]he marriage or remarriage of the mother or father of a child does not affect the authority of the court under this section to grant * * * the parents or relatives of the natural father or the parents or relatives of the mother of the child…”
Reeves v. Tait, 2022 Ohio 393 (Ohio Ct. App. 2022). “Reeves appeals asserting a single assignment of error: “[t]he trial court erred in finding Petitioner had no standing to petition the court for grandparent visitation under R.C. 3109.12 with regard to minor child, [R.”
In re R.G., 2021 Ohio 93 (Ohio Ct. App. 2021). “In Rugola-Dye, the parents challenged the Delaware County Juvenile Court’s jurisdiction, arguing that their subsequent marriage divested the juvenile court of jurisdiction over R.C. 3109.12 grandparent visitation. Id. at ¶ 25.”
In re C.W., 2018 Ohio 5265 (Ohio Ct. App. 2018). “The Sherwoods asserted that they were entitled to visitation, pursuant to R.C. 3109.12, as the paternal grandparents of the minor children born to Ms.”
In re C.W., 2018 Ohio 5265 (Ohio Ct. App. 2018). “The Sherwoods asserted that they were entitled to visitation, pursuant to R.C. 3109.12, as the paternal grandparents of the minor children born to Ms.”
In re C.W., 2020 Ohio 2660 (Ohio Ct. App. 2020). “Then, on May 10, 2011, the Sherwoods filed a motion seeking to establish grandparent visitation and companionship rights pursuant to R.C. 3109.12 in the alternative to an award of custody.”
In re J.L.M., 2018 Ohio 2175 (Ohio Ct. App. 2018).
In re A.R., 2023 Ohio 394 (Ohio Ct. App. 2023). “Appellant subsequently filed an original complaint for grandparent visitation, pursuant to R.C. 3109.12, and on April 19, 2022, the matter proceeded to trial.”
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