Summaries of State Law: Grandparent Visitation and Custody

Under the Alabama statute, a court may grant visitation to a grandparent if visitation is in the child's best interests and one of five events has occurred:

1. One or both parents of the child are deceased
2. The marriage of the parents of the child has been dissolved
3. A parent of the child has abandoned the child
4. The child was born out of wedlock, or
5. The child lives with both biological parents, but one or both of the parents has prevented a grandparent from visiting the child.

The state's custody statute requires courts to consider the moral character of the parents and the age and sex of the child to determine the best interests of the child.

The custody statute requires that the court grant custody "without regard to the sex of the parent but solely in accordance with the welfare and best interests of the children." Conditions for grandparent visitation rights include several circumstances:

• Where the grandchild has resided with the grandparent
• The child's parents are divorced
• The child is in the custody of someone other than a parent
• The child has been born out of wedlock.

Conditions for grandparent visitation rights include a determination of whether:

• A parent is deceased
• The child's parents are divorced or separated
• The whereabouts of one parent are unknown
• The child is not residing with either parent

The Florida Supreme Court has ruled that the application of some provisions of the Florida law providing grandparental visitation is unconstitutional. Under the current statute, Florida courts may award visitation to a grandparent when visitation is in the child's best interests and:

1. The marriage of the child's parents has been dissolved
2. A parent has deserted a child, or
3. The child was born out of wedlock.

The custody statute does not list specific factors for the court to consider to determine the child's best interests. A court may award visitation rights if:

• An action is pending where there is an issue involving the custody of a minor child
• Divorce of the child's parents
• Termination of a parent's rights or visitation rights

The custody statute requires courts to consider the child's best interests:

• The child's wishes, if the child is old enough and has the capacity to reason
• Evidence of any domestic violence

In 2002, the Illinois Supreme Court made an important decision. It held the Illinois Grandparent Visitation Act violated the Illinois Constitution. A new visitation statute became effective on Jan. 1, 2005. Under the new law, a court can grant visitation to a grandparent: If visitation is in the best interests of the child and the grandparent has been unreasonably denied visitation to the child. A court may not grant visitation to a grandparent where both parents object to such visitation.

A court may award visitation rights if:

• Either of the child's parents is deceased
• The child's parents' marriage has been terminated
• The child was born out of wedlock

A court may award visitation rights if visitation would be in the child's best interests. A court may award a grandparent the same visitation rights as a parent without custody if:

• The grandparent's child is deceased, and
• The grandparent has provided child support to the grandchild.

A court may award visitation rights if:

• The child's parent is deceased or declared legally incompetent
• A grandparent is the parent of the deceased or an incompetent parent to the grandchild, and
• Visitation is in the child's best interest

• At least one of the child's parents is deceased
• Visitation is in the child's best interests, and
• Visitation will not interfere significantly with the relationship between the parent and the child.

The custody statute does not list factors for determining the child's best interests. A court may award visitation rights if:

• The child's parent's marriage is terminated
• The parents are separated
• One of the parents is deceased, or
• The child was born out of wedlock, and
• Paternity has been established.

• The child's parent's marriage is terminated
• The parents separate, or
• Custody of the child is given to a third party other than the child's parents.

• The child's parent is deceased, and
• The grandparents are the parents of the deceased parent, or
• During or after divorce, custody, separation, annulment, or paternity proceedings.

The custody statute does not list factors for determining the child's best interests. If the child is at least 12 years old, they may choose who takes custody. Conditions for grandparent visitation rights include:

• The determination of whether one of the child's parents is deceased
• If a parent has had their parental rights terminated
• The relationship between the grandparent and grandchild

A court may award visitation rights if:

• The child's parents have filed for divorce
• One parent is deceased, and
• The other parent has unreasonably denied visitation to the grandparent, or
• When a parent or parents unreasonably deny visitation to a grandparent for more than 90 days.

• A stepparent
• Another grandparent
• Or a blood relative.

A court may award visitation rights if:

• At least one parent is deceased
• The parents' marriage has been dissolved
• A petition for dissolution has been filed, or
• The child is born out of wedlock, and paternity has been established.

A court may award visitation rights if:

• The child's parents are deceased
• The child's parents are divorced or separated
• One of the child's parents has had their parental rights terminated
• The child's parent(s) must have unreasonably restricted visitation between the grandparent and grandchild before a court may award visitation to a grandparent.

• The child's parents are divorced or have filed for divorce
• One of the parents is deceased
• One of the parents has had their parental rights terminated, or
• The child has been born out of wedlock if the child has been legitimated.

A court may grant visitation rights if the child's parents are divorced, separated, or deceased. Visitation rights may also be granted if:

• The child is over 6 years old
• Has lived with the grandparent for more than six months, and
• Was subsequently removed from the grandparent's home (if the child is under six, the residence requirement is reduced to three months).

• A stepparent
• A relative of the child
• A caretaker designated in a deceased parent's will, or
• A person who sponsored the child at a baptism or confirmation.

The custody statute does not provide statutory factors for determining the child's best interests. A court may grant visitation rights if at least one of the child's parents is deceased or if the court finds that equity demands intervention based on the circumstances of the case. Adoption does not automatically cut off the visitation rights of grandparents.

The custody statute does not provide statutory factors for determining the child's best interests. A court may grant visitation rights as part of an order determining custody of the child. Adoption cuts off the visitation rights of grandparents. This is true unless adoption is granted to a stepparent or a relative of the child. The grandparent must prove that a substantial relationship exists between the grandparent and grandchild.

A court must grant visitation rights unless the court determines that visitation would not be in the child's best interests. The amount of contact between the child, the grandparent, and the parent are factors to be considered when determining the child's best interests. Adoption cuts off the rights of grandparents unless visitation was granted before the adoption.

A court may grant visitation rights if the child's parents are:

• Deceased
• Divorced
• Separated
• Were parties to a suit for annulment or child support, or
• Were never married to one another.

A court may grant visitation rights if visitation is in the child's best interests. The statute provides special rules when the child is born out of wedlock. Adoption cuts off grandparents' visitation rights unless they can show a previous relationship between them and the grandchild. They must also prove that visitation is in the child's best interests.

A court may grant visitation if:

• At least one of the child's parents is deceased
• The parents are divorced or separated for more than six months, or
• The child has lived with the grandparent for over 12 months.

• Consideration of the child's best interests
• Potential interference with the parent-child relationship, and
• The contact between the grandparent and grandchild.

The custody statute does not provide statutory factors for determining the child's best interests. Determination of grandparent visitation must include consideration of the relationship between the grandparent and grandchild. This includes the child's best interests. Courts may also grant visitation if the child's parents are divorced, or the parent who is the child of the grandparent is deceased. Adoption cuts off all visitation rights.

• One parent is deceased or
• The parents are divorced or separated.

Tennessee courts held that the previous version of the grandparent visitation statute was unconstitutional. The Tennessee Legislature amended the statute to align with the state constitution. Under the revised law, a court may grant visitation rights to a grandparent only in one of the following situations:

1. The mother or father of the child is deceased
2. The child's parents are divorced or were never married to one another
3. The child's mother or father has been missing for the preceding six months
4. A court in another state has ordered grandparent visitation
5. The child previously lived with the grandparent for 12 months or more, or
6. The child and grandparent(s) maintained a significant relationship for 12 months.

If one of these events occurs, the court may award visitation rights if the child is in danger of substantial harm should the court deny visitation and visitation is in the child's best interests.

The custody statute does not provide statutory factors for a court to determine proper custody. Conditions for grandparent visitation rights include a determination that one of the child's parents is:

• Deceased
• Incompetent
• Divorced
• Incarcerated
• Has had their parental rights terminated
• The child has been abused or neglected
• The child has been adjudicated a delinquent or in need of supervision or
• The child has lived with the grandparent for at least six months within 24 months of filing the petition for visitation

• Deceased
• Divorced or
• Separated.

• Deceased
• Incompetent or
• Abandons the child.

The custody statute does not provide statutory factors for a court to determine custody. Conditions for grandparent visitation rights include consideration of:

• Whether a parent is deceased
• The child has lived with the grandparent and then was removed by a parent, or
• In several circumstances, the grandparent has been denied visitation by a parent.