Every state has some law about grandparent visitation, but courts give strong weight to the decisions of fit parents, so winning visitation can be difficult.
The legal framework
The U.S. Supreme Court has held that fit parents have a fundamental right to decide who spends time with their children. State laws vary, and many allow grandparent petitions only in specific situations, such as when a parent has died, the parents are divorced or the child has lived with the grandparent.
What courts consider
- The child's best interests.
- The existing relationship between grandparent and child.
- The parent's reasons for limiting contact.
- Whether visitation would harm the parent-child relationship.
- The child's wishes depending on age.
Steps for grandparents
- Try talking and mediation first.
- Document your relationship, such as time spent and care provided.
- Check your state's grandparent visitation statute.
- File a petition in family court if allowed.
- Consider legal advice, since outcomes depend on the facts and law.
Other options
Grandparents raising grandchildren may seek guardianship, custody or kinship care rights. See our guides to guardianship and child custody.
Frequently asked questions
Can parents refuse all visitation?
Often yes if they are fit, unless state law and the court find otherwise.
Does adoption end grandparent rights?
In many cases yes, though some states keep limited rights.