Which States Have Grandparents’ Rights?
Understanding Grandparents’ Rights
Grandparents play an important role in many families, often providing childcare, financial support, and emotional nurturing for their grandchildren. However, when relationships become strained between grandparents and the parents of their grandchildren, grandparents may find themselves unable to see or spend time with the grandchildren they love.
In some cases, grandparents may wish to pursue legal rights to visitation or custody of their grandchildren against the wishes of the parents. Grandparents’ rights laws vary widely from state to state, with some states providing very limited rights and others offering more extensive rights. Generally, for grandparents to be granted court-ordered visitation or custody, they must be able to demonstrate that it is in the best interest of the grandchildren and that substantial harm would come to the grandchildren if visitation were denied.
Factors in Granting Grandparents’ Rights
Courts will consider a variety of factors when determining whether to grant grandparents’ legal rights to visitation or custody:
- The existing relationship between grandparents and grandchildren – Courts will look at how involved grandparents have been in raising and caring for the grandchildren. A close, loving relationship weighs in favor of granting visitation rights.
- The objections and concerns of the parents – Courts give weight to the objections and concerns raised by parents about grandparent visitation or custody. However, objections may be overridden if visitation is found to be in the best interest of the child.
- The physical and mental health of those involved – Situations involving serious substance abuse, child abuse, or domestic violence may sway the court to grant grandparents’ rights over the objections of the parents.
- The child’s preferences – Depending on the child’s age and maturity level, the child’s own preferences regarding visitation with grandparents may be considered by the court.
- The potential for harm – If denying visitation would result in substantial harm to the child, courts are more likely to grant grandparents’ rights.
State-by-State Guide to Grandparents’ Rights
Laws regarding grandparents’ rights vary significantly across the 50 states. Some states provide very limited rights, while others are more generous in granting visitation or even custody to grandparents. Here is an overview of grandparents’ rights in each state:
States with Restrictive Grandparents’ Rights
Several states have fairly restrictive grandparents’ rights laws that limit court-ordered visitation to certain narrow circumstances. These states include:
- Alabama – Visitation only if the grandchild’s parents divorced, one parent died, or parent is unfit.
- Georgia – Visitation if court deems in best interest of child and parents are unfit or deceased.
- Idaho – Visitation only if parents are unmarried, divorced, or deceased.
- Minnesota – Visitation only if grandchild has lived with grandparent for 12+ months.
- Mississippi – Visitation if parents divorced or grandchild resided with grandparent for 6+ months.
- Missouri – Visitation if parents divorced or one parent died.
- Montana – Visitation only if parents are deceased or if grandchild lived with grandparent for more than 6 months.
- New York – Visitation if parents died, abandoned child, or are unfit.
- Tennessee – Visitation if parents divorced, never married, parent deemed unfit, or other “compelling circumstances.”
- Wisconsin – Visitation rights limited unless parents deceased or deemed unfit.
States with Moderate or Balanced Grandparents’ Rights
Many states take more of a balanced approach, granting grandparents’ rights under certain conditions if visitation serves the best interest of the child:
- Alaska – Courts may grant visitation after considering multiple factors related to the child’s best interest.
- Arizona – Courts may grant visitation if in best interest of child after parent divorce or death.
- Arkansas – Grandparents may petition for reasonable visitation if in best interest of child.
- California – Courts may grant visitation based on best interest of child.
- Colorado – Reasonable visitation may be granted if in child’s best interest after parental death, divorce, separation, termination of parental rights, or deployment.
- Connecticut – Grandparents may seek visitation if in best interest of child after parental death, termination of parental rights, or de facto parental relationship.
- Delaware – Reasonable visitation may be granted if in best interest of child and would not interfere with parent-child relationship.
- Florida – Reasonable visitation may be granted if one or both parents are deceased, parents are separated or divorced, or other circumstances indicate visitation is in child’s best interest.
- Hawaii – Visitation may be granted if in best interest of the child.
- Illinois – Visitation granted only if in child’s best interest.
- Indiana – Visitation may be granted if denial of visitation would harm the child and be unjust.
- Kansas – Grandparents may seek visitation if denial would harm the child.
- Kentucky – Reasonable visitation may be granted if it is in the child’s best interest.
- Maine – Grandparents may obtain reasonable rights of visitation or access if in best interest of child.
- Maryland – Reasonable visitation may be granted if in child’s best interest.
- Massachusetts – Reasonable visitation granted if in child’s best interest.
- Michigan – Courts may order reasonable visitation if in best interest of child and would not interfere with parent-child relationship.
- Nebraska – Grandparents may seek visitation if it would be in child’s best interest without adversely impacting nuclear family.
- Nevada – May grant reasonable visitation if in child’s best interest.
- New Hampshire – Courts have discretion to grant visitation rights to grandparents.
- New Jersey – Visitation may be ordered if denying it would harm the child.
- New Mexico – Visitation rights permitted if in best interest of the child.
- North Carolina – Courts may grant visitation if in child’s best interest.
- Ohio – Reasonable companionship or visitation rights if in child’s best interest.
- Oklahoma – Reasonable grandparental visitation if in best interest of child.
- Oregon – Courts may grant visitation rights to grandparents if reasonable and in child’s best interest.
- Pennsylvania – Reasonable partial custody or visitation may be granted if in best interest of child and would not interfere with parent-child relationship.
- Rhode Island – Grandparents may petition family court for visitation rights based on best interest of the grandchild.
- South Carolina – Reasonable visitation may be ordered if in child’s best interest.
- South Dakota – Reasonable rights of visitation may be granted if in child’s best interest.
- Texas – Grandparents may request access to grandchild if parental rights limited or child’s parents divorced.
- Vermont – Reasonable right of visitation may be granted based on best interest of the child.
- Virginia – Reasonable visitation may be granted if in child’s best interest based on multiple factors.
- Washington – Visitation may be granted to any person when visitation serves child’s best interest.
- West Virginia – Reasonable visitation may be ordered if in the child’s best interest.
States with Strong Grandparents’ Rights
A few states have relatively strong grandparents’ rights laws that make it easier for grandparents to obtain court-ordered visitation or custody:
- Iowa – Grandparents may petition for visitation rights if in best interest of child.
- Louisiana – Expansive visitation rights granted to grandparents.
- Massachusetts – Grandparents may obtain visitation rights if they have a significant preexisting relationship with grandchild.
- North Dakota – Grandparents may be granted reasonable visitation rights.
- Oklahoma – Liberal visitation rights granted to grandparents. Grandparents given preference for custody over other third parties if parents are unfit.
- Utah – Broad reasonable rights of visitation may be granted if in best interest of child.
Seeking Grandparents’ Rights
Grandparents who wish to seek court-ordered visitation or custody of their grandchildren generally need to file a petition with the family court in the state where the child resides. They will need to demonstrate to the court that visitation or custody is in the best interest of the grandchildren. Having an experienced family law attorney assist with the grandparents’ rights case can be extremely beneficial.
While grandparents’ rights laws vary by state, one constant is that courts will make their determination based on promoting the best interest, welfare, and safety of the child. Grandparents should carefully evaluate their specific situation and understand their rights under state law before pursuing legal action for visitation or custody.