Grandparent’s Visitation Rights After a Divorce and Adoption by a New Spouse

While a marriage or remarriage of a parent will not affect a visitation order, or the power of the court to modify a visitation order, an adoption can be an entirely different animal, depending on the circumstances of the adoption.

In most cases, where there is a divorce, or where the parents never married, and an adoption order terminates the parental rights of one of the parents, that adoption order also terminates the visitation rights of any relatives of the parent whose rights were terminated. That includes grandparents. So if the mother remarries, and the mother’s new husband adopts the child, under most adoption orders, the father’s parental rights are terminated, and so the visitation rights of the father’s parents would also be terminated.

If the adoption order does not terminate parental rights, then the grandparent’s visitation rights are also not affected.

An exception to this general rule is an adoption after a parent has died and the surviving parent remarries. Ohio has a law in those cases where grandparent’s visitation rights remain intact, and where the court can continue to modify the visitation rights of the relatives of the deceased parent.

To learn more about divorce and family law related issues in Ohio, please visit http://www.dissolutionanddivorce.com.

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Slater & Zurz LLP is an Ohio law firm of highly experienced and respected attorneys. Over the last 40 years, we have developed a reputation for getting positive results for clients. We've been trusted with handling over 20,000 personal injury cases and our clients have received more than $120,000,000.

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4 Comments on “Grandparent’s Visitation Rights After a Divorce and Adoption by a New Spouse”

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