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Grandparents Rights

We have founded the American Grandparents AssociationTM as a service to our readers, committed to ensuring the best for grandparents and their families. One purpose of the Organization is to become a primary resource for grandparents who want to find a way to visit them and who are physically isolated from their grandchildren. In all 50 states, we have this guide to the rights of grandparents. Consult a lawyer in your home state who specializes in family law and who may know of any recent changes in the laws of your state should you need specific legal advice on your own grandparent's rights.

In order to determine the conditions for visitation, grandparents should check a number of provisions in the statutes in their respective states, the factors a court must consider for ordering visitation, and the proper location for filing a visitation request. Although many state statutes are similar, statutory provisions may be applied differently by state courts. Before granting custody or visitation to grandparents, all laws require the courts to recognize the best interests of the child.

Courts in a number of states have ruled that either the federal or the respective state constitutions are violated by statutes providing for grandparent visitation. The statutory visitation provisions have been revised by several states, but the constitutionality of these statutes may still be in question. If a visitation law has been found unconstitutional by an intermediate appeals court in a specific state, it does not necessarily make the law void. Below, the provisions of these laws are included. However, the clauses are not included below if a state supreme court or the United States Supreme Court has ruled that the visitation law is unconstitutional.

Under a new law passed in 2016, whether the parents' partnership has been broken by death, divorce, or legal separation, or whether a petition for divorce or legal separation has been filed, a biological or adoptive grandparent will sue for visitation. This new law states that it is assumed that the decision of parents to refuse or limit visitation is right. It is the burden of grandparents to show that they have a substantial and viable relationship with the child and that it is in the best interest of the child to maintain the relationship.

This may be considered a qualifying relationship to sue for visits if a grandparent is the primary provider of care for their grandchild or if a grandparent has stayed with their grandchild for a span of six months without a parent. If grandparents have at least 12 months of "normal and frequent" interaction with a child and have a "solid and important" relationship with their grandchild, they may also sue for visitation. Grandparents must demonstrate that visitation is actually in the best interest of the child, with "clear and convincing evidence," in order to gain visitation rights.

Alaska provides two approaches to separation of grandparents; applying to enter a custody case or appealing on your own for visitation. In an action for divorce, legal separation, or child placement action, or when both parents have died, a determination of grandparent visitation rights must be made. In order to allow visitation, grandparents must provide clear and compelling evidence to the court that visitation with the grandparents is in the best interest of the child, that the grandparent has had ongoing contact with the child or has attempted to have ongoing contact with the child, and that parents are detrimental to the child by restricting the visitation of the grandparent. If the adoption order allows for visitation between the infant and natural family, adoption removes the visitation rights of grandparents.

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