How Grandparents Obtain Visitation Rights

Parents are usually happy for their kids to spend time with their grandparents. But what happens when one, or both, parents do not wish for a grandparent to be involved with the grandchild? Depending on your state and your involvement with your grandchild, you may be able to seek grandparent visitation rights.

Grandparent visitation rights are different in every state. To find out about your legal rights to see your grandkids, talk to a local family law attorney.

Do Grandparents Have Visitation Rights?

Parents are legally responsible for their children. The U.S. Supreme Court has ruled in Troxel v. Granville that fit parents have a fundamental right to decide how to raise their children, including a child’s education, health care, religious upbringing, and who is and is not involved in their child’s life.

When parents get a divorce or separate, they still have parental rights over their children. However, other family members or caregivers usually don’t have visitation rights. There are only limited situations when grandparents are able to get court-ordered visitation rights.

When Can Grandparents Get Visitation Rights for Grandchildren?

Different states have different laws for how and when to grant visitation rights for grandparents. The court will look at the grandparent’s specific situation to decide if visitation is in the best interests of the child. A court may only grant visitation rights over the parent’s objection if the child already has a substantial relationship with the grandparents. Situations where the grandparents and child have an existing strong bond may include:

• The child lived with the grandparents
• The child spent significant amounts of time with the grandparents
• The grandparents helped raise the child
• Grandparents had previous custody of the child through a court order, or were previously the child’s legal guardian

Grandchild Adopted by a Stepparent or Relative

Some states permit grandparent visitation rights if the child is adopted by a stepparent or other non-parent relative. If the grandparent had an existing bond with the grandparents before the adoption, the grandparents may be able to petition the court for visitation rights. The court will make any visitation decisions based on the child’s well-being and what is best for the child.

If the child gets adopted by someone other than a non-parent relative or stepparent, the grandparents may lose any visitation rights. However, some states may permit visitation cases even when a child has been adopted by a non-relative.

Can Grandparents Get Custody of Their Grandchildren?

Visitation rights are for temporary time with your grandchild. However, if you are raising your grandchild and want to be able to make legal decisions on behalf of the child, you need legal custody rights. Child custody gives someone the legal power to make decisions on behalf of the child.

There are only certain situations where a grandparent can get legal custody of a grandchild, including:

• Death of the parents of the child
• Consent of the parents
• Parental unfitness or substance abuse
• Substantial mental illness of the parent, which prohibits the parent from being able to properly care for the child

Can a Child Custody Lawyer Help With Grandparent Visitation Rights?

If you have questions about the state law on grandparent visitation laws or want to know the rights of grandparents in your state, it is important to seek legal help. An experienced family law attorney can talk with you and determine if you may need to go to family court to request grandparent visitation rights.