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Can petition for visitation
48
No specific law
1
Cannot petition for visitation
1
Grandparents Rights by State 2024
Maine
In the state of Maine, grandparents' rights have a home, but they are detailed in the Grandparent Visitation Act. The rights outlined in this act are based on the child's parents, usually, if they are deceased and have a sufficient existing relationship with the grandparents, often the ones that are present on the maternal side with their grandchild. It is up to the family and sometimes the legal team to prove that there is a relationship already existing with the grandchild.
In Maine, it can sometimes go beyond the need for a sufficient relationship. For example, if there is no prior established history of visiting or maintaining the relationship, but the grandparent(s) have attempted to have contact and has gone out of their way to be in the child's life, they may have legal grounds for visitation in certain circumstances. This is to deter parents from refusing the right of grandparents to visit their grandchildren to deny the ability of a relationship to form.
Of course, these circumstances are exacerbated only if the relationship between the parents and grandparents is poorly thought out because it is hard to bring legal affairs into familial issues. Most often than not, the Grandparent Visitation Act is usually only invoked if the guardians of the child have left or passed away, or have otherwise become incapacitated or incapable of offering the necessary love, support, and upbringing for the child without the need for the grandparents to get involved.
Maryland
The statutes of Maryland do not clearly define the rights of grandparents, and instead, have a single sentence that grants reasonable visitation rights to a grandchild only if it is in their best interest. This is a common thing to do in many states regarding different issues, as case-by-case basis approaches are common for issues that do not occur very often. This is not to say that many grandparents do not want to take an interest in their grandchild's life, but most often, these issues are resolved without the need for a legal team or a court ruling.
In the year 2000, the U.S Supreme Court's famous case of Troxel v. Granville stated that there is a presumption that fit parents can make decisions that are in the best interests of the child, and it is up to the grandparents to provide parental unfitness and exceptional circumstances which demonstrate the need for grandparent visitation or guardianship. Of course, this caused perverse incentives and lawmakers have attempted to fix this statute since 2011 to no avail.
Massachusetts
Visitation rights in the state of Massachusetts are kept on a fringe basis and are usually an uphill battle for grandparents. Filing for visitation is only allowed if they feel that the parents are unfit to have custody of the child, temporarily or permanently. The most common cases where grandparents are afforded visitation rights in the state of Massachusetts are if the parents are deceased, if the parents are divorced or separated and it is causing concerns for the child, or if the child is born out of wedlock and paternity was established.
State | Visitation | Full Custody | Circumstances |
|---|---|---|---|
| Alabama | Can petition for visitation | Can petition for custody | Visitation: - If the parents’ relationship has been severed by death, divorce, or legal separation, or if a petition for divorce or legal separation has been filed. Custody: - When living with one's grandparents would be in the “best interest of the child." - If the parent is unfit. |
| Alaska | Can petition for visitation | No specific law | Visitation: - Determination of grandparent visitation rights must be made in an action for divorce, legal separation, or child placement action, or when both parents have died. - If proven that parents limiting the grandparent’s visitation is harmful to the child, grandparents can sue for visitation. Custody: - Possible when the parent is unfit or the child's welfare requires that the non-parent have custody. |
| Arizona | Can petition for visitation | Cannot petition for primary custody | Visitation: - Largely the decision of the parent, though courts will also consider the historical relationship between the child and grandparents, the motivation of the parties seeking and/or objecting to visitation, and the quality of and possible impact of the requested visitation time. Custody: - Unless the grandparent or non-parent legally adopts the child, there is no right to shared legal decision-making (custody). - Exemptions: If the child’s mother and father are unwilling or unable to care for the child and the child’s parents’ marriage has been dissolved for at least three months or the child is born out of wedlock. |
| Arkansas | Can petition for visitation | Can petition for custody | Visitation: - With proven “significant and viable” relationship with the child ( If a child lived with a grandparent for six months or more). - If a grandparent was the primary caregiver for six months or more or if the grandparent had frequent or regular contact with the child for 12 months or more). Custody: - If the child has been living full-time with the grandparent for at least six months, and the child is younger than a year old. |
| California | Can petition for visitation | Can petition for custody | Visitation and Custody: - Grandparents can file a petition with the court asking for regular visits, or custody. The court decision is made based on the best interests of the child. |
| Colorado | Can petition for visitation | Can petition for custody | Visitation: - If the grandchild's parents are divorced, legally separated, or have an annulment. Custody: Custody decisions are made in the best interests of the child. |
| Connecticut | Can petition for visitation | Can petition for custody | Visitation: - If grandmother and grandchild have a parent-like bond. - If denial of visitation would be extremely harmful to the child. Custody: - Grandparent can overcome parental preference by demonstrating that the child has a parent-like bond with him or her and that parental custody is harmful to the child’s well-being. |
| Delaware | Can petition for visitation | Can petition for custody | Visitation: - If the parent has died. - One of the child’s parents consents to visitation. - A minor child has been abused or neglected while in the care of the parent. - If parent’s objection to visitation is unreasonable. Custody: - If child’s biological parent consents to the arrangement, or the child would be dependent, neglected or abused in the parent’s care. |
| Florida | Can petition for visitation | Can petition for temporary custody | Visitation: - The only time grandparents can ask for visitation is if if the child has been removed from their parent’s custody. Custody: - Florida awards grandparents custodial rights in the form of temporary custody when it has been determined that the parents are unable to adequately provide for their children. This is a short-term solution until the parents are able to resume their role as the primary caretaker. |
| Georgia | Can petition for visitation | Can petition for custody | Visitation: - If the court finds that a child may be harmed (finacially or emotionaly) by not having grandparent visitation. - Grandparents can only request visitation once every two years. Custody: - If the living parents have voluntarily surrendered parental rights of the child in writing. - If both biological parents are deceased. |
| Hawaii | Can petition for visitation | Can petition for custody | Visitation: - As it is in the best interest of the child. Custody: - Anyone–a grandparent, step-parent, or non-relative—may ask the court for custody by proving the natural or legal parents are unfit. |
| Idaho | Can petition for visitation | Can petition for custody | Visitation: - As it is in the best interest of the child. Custody: - If grandchild's parents are getting divorced, grandparents may request custody in the divorce case—but only if the child has actually been living them in a stable relationship. |
| Illinois | No specific law | Can petition for custody | Visitation: - Family members can get a court order for visitation if parent of the child is incompetent, incarcerated for at least three months, deceased or has been missing for at least three months and some other circumstances. Custody: - If the child’s parents voluntarily give up their parental rights. - If the child’s parents have been deemed unfit. |
| Indiana | Can petition for visitation | Can petition for custody | Visitation: - If child was born out of wedlock (and paternity has been established if paternal grandparents are seeking visitation). - If the marriage of the child’s parent has been dissolved in Indiana. - If the parent related to the grandparent seeking visitation is deceased. Custody: - Grandparents can obtain guardianship in two ways: the legal parents may agree to it privately, or a grandparent may petition the court for guardianship of the child. |
| Iowa | Can petition for visitation | Can petition for custody | Visitation: - Only if parent is deceased. Custody: - If parent has been convicted of a crime. - If parent has been diagnosed with an impairing illness. - If biological parent is suffering from drug abuse. - Seeking custody when there is evidence that the biological parent is involved with abusive partners. |
| Kansas | Can petition for visitation | Can petition for custody | Visitation: - After a divorce, the death of a parent, or other legal proceeding involving child custody. - If the grandparents can prove that they've established a substantial grandparent-grandchild relationship and that visitation is in the best interest of the children. Custody: - If the parent is unfit, or staying with the parent is contrary to the child's welfare. |
| Kentucky | Can petition for visitation | Can petition for custody | Visitation: - If the grandparent's child is deceased and the grandparent has provided child support to the grandchild. Custody: - In rare and limited cases such as: parents of the child are deceased, have abandoned the child, or they are deemed to be physically or mentally unfit to raise the child. |
| Louisiana | Can petition for visitation | Can petition for custody | Visitation: - If the child's parent is deceased or declared legally incompetent or unfit. - If it is in the best interest of the child. Custody: - If the parents of a child are unable or unwilling to care for a child, the court may grant custody to the grandparent or other relative. |
| Maine | Can petition for visitation | Can petition for custody | Visitation: - If at least one of the child's parents is deceased and visitation is in the best interest of the child. Custody: - If parent has been convicted of a crime. - If parent has been diagnosed with an impairing illness. - If biological parent is suffering from drug abuse. - Seeking custody when there is evidence that the biological parent is involved with abusive partners. |
| Maryland | Can petition for visitation | Can petition for custody | Visitation: - If the parent is unfit. - If the lack of grandparent visitation will have a harmful effect upon the child. Custody: - If the department of social services is involved, due to concerns about grandchild’s safety or welfare. - If a grandchild’s parents lost their parental rights or are deceased. |
| Massachusetts | Can petition for visitation | Can petition for custody | Visitation: - Grandparents have a legal right to request reasonable visitation with their grandchildren during or after divorce or separation, or after one parent dies. Custody: - If the parents of a child are unable or unwilling to care for a child, the court may grant custody to the grandparent or other relative. |
| Michigan | Can petition for visitation | Can petition for custody | Visitation: - If someone other than the child's parent has legal custody of the child or the child was removed from a parent's home. Custody: - If the parents of a child are unable or unwilling to care for a child, the court may grant custody to the grandparent or other relative. |
| Minnesota | Can petition for visitation | Can petition for custody | Visitation: - Minnesota allows grandparents to request “reasonable visitation rights” in a family court proceeding, including dissolution, custody, legal separation, annulment or parentage. Custody: - A grandparent can also bring a motion for custody of the minor child as an Interested Third Party if, for whatever reason, a child’s parents are unable to provide the attention and care the child requires. |
| Mississippi | Can petition for visitation | Can petition for custody | Visitation: - if there exists a viable grandparent-grandchild relationship. Custody: - Custody decisions are made in the best interests of the child. |
| Missouri | Can petition for visitation | Can only pursue an adoption | Visitation: - Courts can award visitation to a grandparent if the child's parents have filed for divorce, one parent is deceased and the living parent has unreasonably blocked the grandparent's visitation and relationship with the grandchild, or the parent or parents have unreasonably blocked the grandparent's visitation with the grandchild for longer than 90 days. Custody: -Grandparents must pursue an adoption in order to request custody of their grandchildren. |
| Montana | Can petition for visitation | Can petition for custody | Visitation: - If it's in the best interest of a child. Custody: - Montana courts only allow any non-parent, including a grandparent, to request custody when they have an established parent-child relationship with child. |
| Nebraska | Can petition for visitation | Can petition for custody | Visitation: - If at least one parent is deceased, the parents' marriage has been dissolved, a petition for a dissolution of the parents' marriage has been filed, or the child was born out of wedlock and paternity has been formally established. Custody: - If the parents of a child are unable or unwilling to care for a child, the court may grant custody to the grandparent or other relative. |
| Nevada | Can petition for visitation | Can petition for custody | Visitation: - If the child's parents are deceased, the child's parents are divorced or separated, or one of the child's parents has had their parental rights terminated. - If the child's parents must have unreasonably restricted visitation between the grandparent and grandchild before a court can award visitation to a grandparent. Custody: - If the parents of a child are unable or unwilling to care for a child, the court may grant custody to the grandparent or other relative. |
| New Hampshire | Can petition for visitation | Can petition for custody | Visitation: - If the child's parents are divorced or have filed for divorce, one of the child's parents is deceased, one of the parents has had their parental rights terminated, or the child was born out of wedlock and the child's paternity has been formally established. Custody: - If the parents of a child are unable or unwilling to care for a child, the court may grant custody to the grandparent or other relative. |
| New Jersey | Can petition for visitation | Can petition for custody | Visitation: - if visitation is deemed to be in the child's best interest. Custody: - If the parents of a child are unable or unwilling to care for a child, the court may grant custody to the grandparent or other relative. |
| New Mexico | Can petition for visitation | Can petition for custody | Visitation: - If the child's parents are divorced, separated, or deceased. - If the child is older than six years old, has lived with their grandparent for longer than six months, and was subsequently removed from the grandparent's home. - If the child is younger than six years old, this same situation applies but the residency requirement is reduced to only three months. Custody: - If the parents of a child are unable or unwilling to care for a child, the court may grant custody to the grandparent or other relative. |
| New York | Can petition for visitation | Can petition for custody | Visitation: - If at least one of the child's parents is deceased or if the court finds that equity and fairness demand intervention based on the circumstances of the case. Custody: - With consent of the parents or prove the existence of extraordinary circumstances. |
| North Carolina | Can petition for visitation | Can petition for custody | Visitation: - As part of an order determining custody of the child. Custody: - Must show by the greater weight of the evidence that both biological parents are unfit, have abandoned or neglected the child, have died, or have otherwise acted inconsistent with their constitutionally-protected status. |
| North Dakota | Can petition for visitation | Can petition for custody | Visitation: - The amount of contact between the child, the grandparent, and the parents are all factors that North Dakota courts consider when determining what would be in the child's best interest. Custody: - If parents are deceased or their parental rights have been terminated or suspended. |
| Ohio | Can petition for visitation | Can petition for custody | Visitation: - if the child's parents are deceased, divorced, separated, parties to a suit for annulment or child support, or were never married to each other. In order to get visitation, the grandparent must demonstrate that they have an interest in the child's welfare. Custody: - Grandparent will need to prove to the judge that both parents of the child are unfit, and it is in the child's best interests for the grandparent to be awarded custody. |
| Oklahoma | Can petition for visitation | Can petition for custody | Visitation: - If they deem that visitation is in the best interest of the child. The statute provides special rules when the child is born out of wedlock. Custody: - If the judge determines that it would be in the best interest of the child. |
| Oregon | Can petition for visitation | Can petition for custody | Visitation: - Determination of grandparent visitation rights includes a consideration of the relationship between the grandparent and grandchild as well as the relationship between the parent and child. Custody: - A grandparent may obtain custody of a child if she or he can prove to a court that the parents are not acting in the child's best interests and that that the grandparent has a parent and child relationship with the child and that awarding the grandparent is in the child's best interests. |
| Pennsylvania | Can petition for visitation | Can petition for custody | Visitation: - If at least one of the child's parents is deceased, the parents are divorced or have been separated for longer than six months, or the child has lived with the grandparent for longer than 12 months. - The court considers the best interest of the child, potential interference with the parent-child relationship, and the contact between the grandparent and grandchild. Custody: - If he or she has genuine care and concern of the grandchild. - If began her or his relationship with the grandchild with the consent of one of the parents of the child or because of an order of court. |
| Rhode Island | Can petition for visitation | Can petition for custody | Visitation: - In determining grandparent visitation, the court is required to consider the relationship between the grandparent and grandchild, as well as what would be in the best interest of the child. - If the child's parents are divorced or the parent who is the child of the grandparent seeking visitation is deceased. Custody: - In cases where the parents are deceased or unfit to care for the child. |
| South Carolina | Can petition for visitation | Can petition for custody | Visitation: - If one parent is deceased, the parents are divorced, or the parents are separated. Custody: - Grandparents who have been acting as the primary caregiver to a grandchild can seek legal custody of the child. |
| South Dakota | Can petition for visitation | Can petition for custody | Visitation: - If one parent is deceased, the parents are divorced, or the parents are separated. Custody: - Under very limited circumstances, including where a parent is unfit, a grandparent may obtain custody of a grandchild. |
| Tennessee | Can petition for visitation | Can petition for custody | Visitation: - Courts may grant visitation rights to a grandparent only if one of the parents of the child is deceased, the child's parents are divorced, the child was born out of wedlock, one of the parents has been missing for at least six months. - If the child was previously living with the grandparent seeking visitation for longer than 12 months, or the grandparent and grandchild have developed and maintained a significant relationship for at least 12 months. - If the child is in danger of substantial harm. Custody: - Grandparent can't obtain custody unless the child's parents are unfit or unable to care for the child. |
| Texas | Can petition for visitation | Can petition for custody | Visitation: - If one of the child's parents are deceased, incompetent, incarcerated, or has had their parental rights terminated by a court. - If the parents are divorced, the child has been abused or neglected, the child has been deemed to be a delinquent or needing supervision, or the child has lived with the grandparent seeking visitation for at least six months within 24 months of the filing of the petition requesting visitation. Custody: - Grandparents may file suit requesting custody if they believe it is in the child's best interest. |
| Utah | Can petition for visitation | Can petition for custody | Visitation: - If the child's parents being deceased, divorced, or separated. Custody: - If the grandparent has intentionally assumed the role and parental obligations of a parent. the grandparent and grandchild have a strong emotional bond and parent-child type relationship. |
| Vermont | Can petition for visitation | Can petition for custody | Visitation: - If a parent is deceased, incompetent, or the child has been abandoned. Custody: - If a parent is unfit or the parents' rights have been terminated. |
| Virginia | Can petition for visitation | Can petition for custody | Visitation: - During a suit for the dissolution of the child's parents. Custody: - Virginia statute allows the court to grant visitation or custody rights (which can be sole or joint legal or physical custody) to a person other than the parents when the third party has a “legitimate interest,” which by definition includes a grandparent. |
| Washington | Cannot petition for visitation | Can petition for custody | Custody: - If the child is not in the custody of their parents or if the parents are deemed to be unfit. |
| West Virginia | Can petition for visitation | Can petition for custody | Visitation: - If a parent is deceased, the child has lived with the grandparent seeking visitation and was then removed by a parent. - If the grandparent has in multiple circumstances been unduly denied visitation by a parent. Custody: - A grandparent can't receive custody of a grandchild if it's against a fit and stable parent's wishes. |
| Wisconsin | Can petition for visitation | Can petition for custody | Visitation: - The court considers the relationship between the grandparent and grandchild. - If one of the child's parents is deceased. Custody: - If the parents of a child are unable or unwilling to care for a child, the court may grant custody to the grandparent or other relative. |
| Wyoming | Can petition for visitation | Can petition for custody | Visitation: - Under state law, the grandparents of children may obtain visitation while the parents are alive, regardless of the parent's marital status. Custody: - If the parents of a child are unable or unwilling to care for a child, the court may grant custody to the grandparent or other relative. |