Grandparents' Rights: What You Need to Know About Visitation and Custody

What are grandparents' rights?

The concept of grandparents' rights emerged from the Washington State case Troxel v. Granville in 2000. This case established that grandparents often play vital roles in their grandchildren's lives, providing stability, love, and support. This special position suggests that grandparents deserve to be involved in their grandchildren’s lives when it is in the best interest of the child. Grandparents’ rights are balanced against parents' fundamental constitutional right to make decisions about their children's upbringing without government interference. 

Grandparents' rights regarding custody and visitation vary greatly from state to state. While all states allow grandparents to apply for some type of visitation with their grandchild, not all states allow grandparents to apply for custody.

State laws and variations in grandparents' rights

The legal landscape for grandparents' rights varies by state, with each state having its own statutes and requirements. As of 2025, all states allow grandparents to petition for visitation. However, each state is free to set specific requirements for those petitions. 

States generally fall into two categories: restrictive states that limit grandparents' ability to seek visitation, and permissive states that provide broader opportunities for grandparents to maintain relationships with their grandchildren. 

Restrictive vs. permissive states

Restrictive states typically only allow grandparents to petition for visitation under the following circumstances:

• The child's parents are divorced, separated, or one parent is deceased
• The child was born outside of marriage
• The child has lived with the grandparent for a significant period

Currently, there are about 20 states that place restrictions on when grandparents can petition for visitation. This includes states like Florida, Texas, California, Alabama, and Georgia.

Permissive states generally allow grandparents to petition for visitation whenever they believe it's in the child's best interest, regardless of the parents' marital status. This makes it easier for grandparents to file petitions and for the court to grant those petitions. However, for petitions to be successful, visitation must still be in the child’s best interest.

When can grandparents seek visitation or custody?

To build a successful case, you must first determine if you can legally pursue grandparents' rights under your circumstances. The circumstances that allow grandparents to seek visitation differ significantly from those that permit custody petitions. Courts generally view these as two distinct legal matters, with petitions for custody requiring a much higher standard of proof and more serious circumstances.

Visitation rights scenarios

Grandparents may apply for visitation rights in several circumstances, though the specific requirements vary by state. This includes but is not limited to the following scenarios.

• Parents are divorced or separated. Many states allow grandparents to request visitation during or after divorce proceedings.
• One or both parents die. If your adult child (the parent of your grandchild(ren)) dies, you may petition for continued contact.
• One parent is incarcerated. Extended imprisonment of a parent may provide grounds for visitation.
• The parent is missing or absent. When a parent's whereabouts are unknown or they've abandoned the family, grandparents may be able to request time with the grandchild(ren).
• You and the child(ren) have a pre-existing relationship. If a substantial relationship with the grandchild has been severed, you may be granted legal means to continue the relationship.
• The child(ren) previously lived with you. If the grandchild(ren) resided in your home for an extended period, you may have a case to request visitation rights.

How grandparents can obtain custody

Whether you can get custody of your grandchild, even if your adult child doesn't permit it, depends on several factors, including where you live. Some states require one of the following situations before granting grandparents custody:

• Either one or both of the parents has died.
• The parents are deemed unfit due to circumstances such as alcohol or drug addiction, crime, mental illness, neglect, or abuse.
• The parents are either divorced or are no longer an intact couple.
• The parents—or one parent, if the other parent's whereabouts are unknown— agree to have the grandparents take custody.
• During an investigation by child protective services, custody is given to the grandparents to keep the child safe.
• The grandchild was already living with the grandparent when another situation occurred, such as a single parent going to prison.
• The grandchild is old enough to tell a judge they want to live with their grandparents.
• A court grants joint custody to a minor mother and a grandparent until the mother is able to take care of the child herself.
• Both parents pass away unexpectedly, and the grandparents are guardians in a will.

If the court denies a grandparent custody, they might still get visitation rights, which, although easier to obtain, are also often denied.

A judge will choose the most stable situation for the child. As a result, custody could be denied for many reasons that have nothing to do with the above scenarios. For instance, the courts will likely want to keep the child in the same school, so the location of the grandparents' home could be a deciding factor. Physical and financial limitations of the grandparents will also be considered. For example, if the grandparents are unable to drive, they would have trouble taking the child to activities, to the doctor, or to play with friends. 

What courts consider

When evaluating grandparents' rights petitions, courts examine numerous factors to determine the child's best interest. Below are some of the most important factors that courts consider when deciding if a grandparent should receive custody of their grandchild.

• The quality of the existing relationship
• The length and nature of the relationship
• The child's preference
• The stability of the grandparents’ household or living situation
• The impact on the child
• The parents' reasons for denial
• The grandparents' physical and mental health
• Geographic considerations
• Potential for family conflict

Ultimately, the court prioritizes the child’s well-being in its determination. If they believe it is in the child’s best interest to move in with their grandparents, they’ll grant custody. But if they believe it’s in the child’s best interest to remain with their parents or their custodial guardian, the court may deny custody petitions.

How to petition for grandparents' rights: Step-by-step

Filing for grandparents' rights requires careful preparation and adherence to legal procedures. While the specific process varies by state, these general steps provide a framework for pursuing your case. Remember that family law is complex, and it’s highly recommended to consult with an attorney familiar with your state's laws.

Step 1. Make sure filing is the best choice

Before filing any legal actions, make sure that taking the child’s parents to court is the best path forward. You may want to try an informal resolution, like working out a visitation or custody arrangement with the parents directly, or go to mediation to find a solution with help from a mediator or attorney.

Step 2. Gather documentation

If those methods aren’t an option, gather the necessary information that shows your relationship with your grandchild and any efforts you made to work with the parents directly. This could include items such as:

• Photos and videos together
• Receipts for items or activities you paid for
• School or medical records, if you’ve been involved
• Witness statements from teachers, neighbors, or family friends

If you’re not sure what you need or if you meet the state’s requirements, speak with a family law attorney. They can help you understand your state’s unique requirements.

Step 3. Start the legal process

Once you’ve decided that going to court is the right choice and you’ve gathered the necessary information, you’re ready to file a petition with the court. Your family law attorney will be able to help you with the process, but you’ll likely want to follow these steps:

1. Identify the correct court. You’ll typically need to file your petition in the county where your grandchild resides. 
2. Fill out the petition with all necessary information. Every court has their own petition forms that you’ll need to fill out. Most will request your relationship with the child, your current visitation status, reasons for seeking visitation or custody, and how it benefits the child.
3. File the petition. Once you’ve filled out the petition, you’re ready to file it with the court. You can do this in person or, in many cases, online. Remember that you may have to pay a filing fee, which varies by the court.
4. Notify the parents. You’ll need to serve the parents with notice of your petition for visitation or custody. Your attorney can recommend the best way to do this. 
5. Attend any required hearings. Some courts hold preliminary hearings that you’ll need to attend.

Step 4. Make your case

After filing the petition, the case may go to court. During this time, you and your attorney will present your case to the judge. This should showcase why visitation or custody is beneficial to the child in question.

During these hearings, it’s up to you to prove to the court that letting the child remain in the custody of their parents isn’t in their best interest. The burden of proof is on you and your attorney. 

After hearing both sides’ arguments, the judge will make a decision based on your testimony and the child’s parents’ testimony. If they feel that visitation is warranted or that letting the child live with you is in their best interest, the judge will rule accordingly. They may recommend terms for visitation or custody based on the evidence presented.

Special considerations

Getting grandparent custody is extremely difficult in any situation, but it's even more so when the child's family is intact. Parents have a legally protected right to raise their child as they see fit—it’s only in rare instances (and only if it's in the child's best interest) that a court gives custody to grandparents over the parents.

For intact families, grandparents may have the right to custody only when the parents are unfit or when child protective services is conducting an investigation. Additionally, the child may stay with their parents under certain conditions, such as the mother entering addiction rehabilitation. No matter the details of the situation, obtaining custody of a grandchild is difficult, particularly if younger family members or close friends of the parents are deemed more suitable as guardians. 

Taking your adult child to court can be stressful. If you're serious about getting custody, retaining a reputable family attorney can make a big difference—you may have a difficult road ahead, and you’ll want an expert on your side as you prove that there's a special circumstance that makes it in your grandchild's best interest for you to have custody.

Alternatives to litigation

Going to court isn't always the best or only option for maintaining relationships with grandchildren. Alternative approaches can be less adversarial, more cost-effective, and better for preserving family relationships. These methods focus on finding mutually acceptable solutions that prioritize the children's well-being while respecting everyone's concerns.

Family mediation 

This type of mediation offers a structured environment where a neutral third party helps facilitate discussions between grandparents and parents. The process typically costs less than litigation and allows families to craft creative solutions that work for their unique situations. Many mediators specialize in family dynamics and can help address underlying issues that led to the conflict.

Collaborative law 

This involves each party hiring specially trained attorneys who commit to resolving the dispute without going to court. The collaborative law approach encourages open communication and problem-solving while still providing legal guidance and protection.

Family counseling 

Family counseling can address the root causes of family conflict. Sometimes, relationship issues between adults unfairly impact children. A skilled family therapist can help heal wounds and establish healthy boundaries that allow grandchildren to maintain relationships with extended family.

Informal agreements 

Some people are able to reach agreements with their grandchildren’s parents on their own when relationships aren't severely damaged. Document agreed-upon visitation schedules, even ones devised without court involvement, to provide clarity and prevent future misunderstandings. These agreements should specify:

• Visitation dates and times
• Holiday and vacation schedules
• Communication methods and frequency
• Transportation arrangements
• Activities and boundaries

How a family law attorney can help

Navigating grandparents' rights can feel overwhelming, but you don't have to face this challenge alone. You can work with an experienced family law attorney who understands the challenges that grandparents face when navigating grandparents’ rights and custody options.

The right attorney can help you explore your options, file petitions, and represent your interests in court if needed.

Connect with an experienced family law attorney who understands the complexities of grandparents' rights in your state.

Grandparents’ rights FAQs

Do grandparents have automatic visitation rights?

No, grandparents do not have automatic visitation rights in any state. Unlike parents, who have fundamental constitutional rights to their children, grandparents must petition the court and meet specific legal criteria to obtain visitation. The court will only grant these rights if it determines that visitation serves the child's best interest and the statutory requirements are met.

Can a parent deny grandparent visitation?

Yes, parents generally have the right to decide who can have contact with their children, including grandparents. This parental right is constitutionally protected. However, in certain circumstances defined by state law (such as divorce, death of a parent, or when denial would harm the child), grandparents may petition the court to override visitation denials or objections.

How much does it cost to file for grandparents' rights?

Filing for grandparents' rights typically costs between $200 and $500 in court filing fees, though this varies by state and county. Additional costs may include attorney fees ($150–$500 per hour), mediation fees ($100–$300 per hour), guardian ad litem fees, and costs for gathering evidence. Total costs can range from $2,000 to $10,000 or more, depending on case complexity and whether it goes to trial.

How long does the process take?

The timeline for grandparents' rights cases varies significantly based on court schedules, case complexity, and whether parents contest the petition. Simple, uncontested cases may resolve in 2–4 months. Contested cases typically take 6–12 months, and complex cases involving custody or serious allegations can extend beyond a year. Emergencies may receive expedited hearings.

What are the chances of success?

Success rates for grandparents' rights petitions vary widely based on state laws, specific circumstances, and the strength of evidence. Cases involving deceased or absent parents, pre-existing relationships, or clear benefit to the child have higher success rates. Cases where both parents are deemed fit are unlikely to be successful. Working with an experienced family law attorney significantly improves your chances.

Are there risks to family relationships?

Yes, pursuing legal action can strain or permanently damage family relationships. Court proceedings often intensify conflicts and can make reconciliation more difficult. Children may feel caught in the middle of adult disputes. Before filing, carefully consider whether litigation is truly in the child's best interest and whether alternative approaches might preserve both relationships and family harmony.

Ronna L. DeLoe, Esq. contributed to this article.