{"id":351642,"date":"2016-04-04T11:02:26","date_gmt":"2016-04-04T16:02:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/child-custody\/grandparent-rights.html"},"modified":"2023-07-25T13:54:19","modified_gmt":"2023-07-25T18:54:19","slug":"grandparent-rights","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/child-custody\/grandparent-rights.html","title":{"rendered":"Grandparent Rights"},"content":{"rendered":"\n
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Grandparent Rights<\/h1>\n
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\n By Jade Yeban, Esq.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Parents are often the central figures in child custody disputes. But in some states grandparents have visitation rights. The court will make visitation determinations based on the best interest of the child standard.<\/p>\n\n <\/div>\n\n

Child custody and visitation disputes typically involve a child’s parents, but not always. In many families, grandparents are heavily involved in child-rearing. Sometimes they are the primary caretakers.<\/p>\r\n

This section includes information and tips on grandparents’ rights. This includes summaries of state laws in child custody and visitation cases. We also cover the factors courts consider when making decisions involving grandparents.<\/p>\r\n

Do Grandparents Have Rights to Their Grandkids?<\/h2>\r\n

Yes. Most states allow some level of visitation for grandparents. State law determines the child custody and visitation rights of grandparents. In some cases, grandparents may take custody of their grandchildren.<\/p>\r\n

Grandparents’ Rights: Child Custody Basics<\/h2>\r\n

Generally, grandparents seeking custody must prove the child’s biological parents are unfit. Or, they will need to prove that it is in the best interest of the child<\/a> to live with them. This is often a complex legal process that varies by state law and depends on many factors. Additionally, if the custodial parents object, the grandparents may need to go to court to request visitation or custody.<\/p>\r\n

The United States Supreme Court has ruled that the parental rights of biological parents are fundamental. But in Troxel v. Granville<\/a><\/i> (2000), the court ruled that grandparents may be granted court-ordered visitation or custody in some circumstances. And many state laws are much broader. They may include siblings and other family members. This is often called "third party" or "nonparent" visitation rights.<\/p>\r\n

Some states are more restrictive. They may require that both parents are deceased before grandparents are eligible for child custody or "conservatorship." Otherwise, grandparents must prove to the court that taking custody is in the best interest of the child. There is judicial presumption favoring parental custody. A very close bond between the child and grandparent is usually insufficient evidence to overcome this presumption.<\/p>\r\n

Ultimately, the court will determine the custody arrangement and parenting time. The court will use factors set out in state law.<\/p>\r\n

How Grandparent Visitation Rights Are Granted<\/h2>\r\n

If parents or guardians encourage or at least allow grandparents to visit their grandchildren, then no formal process is required. But a grandparent (or another nonparent, like a stepparent) may approach the court to obtain court-ordered custody or visitation rights. In this case, the nonparent must prove custody is in the child’s best interest. This means that decisions should be made in the best interest of the safety and well-being of the child’s life.<\/p>\r\n

Courts will consider several factors when making this determination, including (but not limited to):<\/p>\r\n