As a grandparent who has legal custody of my 5 year old grandson; I would like to terminate the mother's rights to him. She hasn't had any contact with him for 3 years ( by her choice, not ours.) I need to know if I have grounds to do this. She give him up willingly and has never paid any child support.

What form of legal custody do you have? Guardianship? Something else? Court Ordered?

You could move to adopt him but would need the consent of BOTH parents. Where is the fther?

You can't terminate her rights. If things are bad enough - and failure to contact the child is not legal grounds - CPS can step in and terminate her rights. Is she a danger to the child - physically, emotionally - or simply not interested?

If her rights are terminated - and it's very, very difficult to do - you very well may not be the person who is Court-selected to be the guardian or parent (if it proceeds to adoption). Aren't there other family members on either side who would want to raise the child?

I live in Ohio and my son takes him every weekend. At the time when she gave up custody; he was in jail so in order for me to get custody, he also had to sign him over to me.

Please read this sticky. https://www.askmehelpdesk.com/family-law/signing-over-rights-read-first-116098.html

As you can see you will not get her rights terminated. If she reappears and tries to exercise those rights, then you can deal with it.