This pamphlet provides an overview of grandparent adoption. Topics covered include general requirements, obtaining consents, tax and financial considerations, and the legal steps to follow in the adoption process.
West Virginia USLegal Pamphlet on Grandparent Adoption
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FAQ
Under Ohio law, a court can award companionship or visitation rights to a grandparent during or after a domestic relations proceeding if the grandparent has an interest in the child's welfare and companionship or visitation is in the child's best interest.
If the grandchild is living in West Virginia, any grandparent of that child a can ask for court-ordered visitation. The grandparent does not have to live in West Virginia. If the grandchild does not live in West Virginia, no Grandparent Visitation case can be filed in West Virginia.
The grandparent must file this in the court of common pleas in the county where the grandchild resides. In this case, the court will consider various factors to determine the best way forward and may order reasonable visitation rights to the grandparent if it is determined to be in the child's best interests.
If a parent does not want to provide a grandparent access to their grandchild, the parent's decision is typically final.
1 Ohio has authorized grandparent companionship or visitation rights by statute in three circumstances: (1) when married parents terminate their marriage or separate, (2) when a parent of a child dies, and (3) when the child is born to an unmarried woman.
Grandparent Powers of Attorney (GPOA)* A parent (or parents) of a child who is residing with a grandparent may file a grandparent power of attorney (GPOA) Ohio Revised Code §3109.52-61, and §3109.76-80, which grants the grandparent the authority to make certain care-related decisions for the grandchild.
West Virginia law allows any person to be adopted, but after the age of 12 the prospective adoptee must give their consent. West Virginia has specified adoption courts that hear adoption proceedings and make decisions in order to protect the best interests of the adoptee.
(1) When the maternal or paternal grandparents are divorced or were never married, the CSEA shall calculate their income as if they were married to one another and then order each grandparent to pay his or her respective percentage of the child support imposed, based on his or her percentage of income.