Americans have high expectations for their close relationships. But all too often, it seems that those expectations are dashed. And divorce is largely considered the ultimate estrangement. But divorced parents can never truly go their separate ways because they share a child — and sharing a child means sharing a future. An estrangement between an adult child and parent, however, can be permanent. I see this in the number of distraught grandparents who seek legal remedies when their adult children have severed their relationship with them, and by default, with their grandchildren.
In 2025, The Ohio State University will publish what may be an interesting sociological study as a book entitled The Families We Lose. Dr. Corinne Reczek conducted a longitudinal study of estrangements between adult children and their parents and reached several conclusions. Her research found that causes of estrangement centering upon an adult child’s disappointment with their childhood may involve lengthy prison stints, abuse or neglect by their parent. In those cases, a grandparent relationship may never have been established, thus eliminating the statutory prerequisite in Ohio for a grandparent relationship to already exist before it can be enforced. Adult children may separate from their parents mid-life because of financial issues or friction between their parent and their new partner. As a rule, the adult child feels completely justified; grandparents may blame the estrangement on their child having been in therapy or think their child has simply turned on them.
Mothers and adult children are estranged less frequently than fathers and adult children, by a margin of 6 to 26%. Estrangements between fathers and adult children are more likely to be permanent. Most estrangements relax with time. The cultural expectation of “compulsory kinship” abhors a permanent split between generations.
Statutory Schemes When Estrangement Is Active
A famous 2020 case in Washington, Troxel v. Granville, resolved a raging controversy over the rights of grandparents. It ruled that fit parents have a liberty interest in raising their children as they please, including the power to decide whom may visit. But the reach of Troxel is limited because it considered only a specific state’s statute that had subsequently been rewritten anyway.
In the U.S., there’s no constitutional or common law right to a relationship with one’s grandchildren. Instead, grandparent rights arise solely by state statute. Ohio has three separate statutory scenarios for grandparent rights, depending upon the circumstances of the parent; all three have been found by the Ohio Supreme Court to comply with the due process rights of parents, provided the parents’ wishes are given considerable weight.
There must be an established relationship between the grandparent and grandchild for the grandparent to have standing just to start a legal case. This requirement all but eliminates the chances of a grandparent who has grandchildren they haven’t even met because of estrangement with the parent.
Ohio provides for grandparent rights when a parent is deceased (O.R.C. § 3109.11); the parents are divorced (O.R.C. § 3109.051); or the grandchild is born to an unmarried woman (O.R.C. § 3109.12). As a practical matter, this means that unless a situation fits within one of these three statutory frameworks, a grandparent is foreclosed from grandparent visitation and relegated to Ohio’s general provisions for “any other person” visitation, which traditionally provides for far less visitation time.
Once the established relationship is proven and one of those three specific scenarios is met, the grandparents still must prove that visitation is in the best interest of the child.
The longer the grandparent-grandchild relationship has lasted, the more likely it will be in the child’s best interest for it to continue in some fashion. The longer the relationship and the older the child, the more likely it will be in the child’s best interest for it to continue. As in all custody matters, the courts ensure special care is taken with the wishes of teenagers; a teen has more power to say no to a grandparent as s/he ages, regardless of the past.
Once a grandparent advances this far, the final hurdle to jump may still be insurmountable. That pertains to the legal reality that a parent’s wishes count far more than a grandparents’ wishes. This means that if a parent can point to a colorable reason to object to grandparental visitation, the parent’s wishes will likely prevail. Examples include a grandparent’s disbelief of a child’s claim of sexual abuse by a teacher; a grandparent’s membership in a group the parent opposes; a grandparent’s relentless grief over the death of the grandchild’s parent; and a grandparent’s disparagement of the child’s parent. At best, these examples could result in very limited visitation that leaves the grandparents to question whether it was worth it at all.
To File or to Wait?
There is no one answer; it depends on several things. If there’s an active estrangement, then the sudden loss of regular contact with a grandchild can cause an emotional loss to the grandparent.
It’s usually best to allow a cooling-off period so that the previous relationship can be repaired. Counseling may be a good idea, but grandparents cannot order adult children to participate.
If a parent dies, then grandparents will generally risk everything to maintain contact with the grandchild.
But in every scenario, grandparents must be careful to keep to a secondary role in the lives of their grandchildren and respect the parents’ wishes on how they want to raise their children. The more overbearing the grandparents act, the bigger the fight, the longer the estrangement, and the less likelihood of achieving success in court.
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by Anne Harvey








