Grandparent Visitation & Custody Laws: 50-State Survey

All states allow grandparents to petition for legal visitation rights concerning their grandchildren to some extent. In some states, these laws are based on the idea that it is often in a child’s best interest to have a relationship with their grandparent. In other states, the right is viewed as a derivative right, meaning that a grandparent derives visitation rights from their own child’s right to see their child. Most states outline specific circumstances under which a grandparent may petition for visitation, such as divorce or the death of a parent, while some allow grandparents to petition for visitation without an underlying event like a divorce. Grandparents often cannot petition for visitation when the child has been adopted by a non-family member.

The U.S. Supreme Court has held in Troxel v. Granville that a state statute broadly permitting a court to grant any person’s child visitation petition so long as it is in the child’s best interests violates a parent’s due process right to make decisions regarding the care, custody, and control of their child. The Supreme Court noted in its opinion that the lower court did not give any special weight to the child’s parent’s determination, which was to offer the grandparents less visitation than they sought, when there was no evidence that the child’s parent was unfit.

Most states have affirmatively adopted the Troxel principle in statutes or case law. State grandparent visitation statutes often declare that a grandparent must overcome the presumption that a parent’s visitation determination is in the child’s best interest before being granted visitation. In determining whether visitation is in a child’s best interest, state statutes sometimes enumerate certain factors a court should consider, such as the current relationship between the grandparent and child and whether grandparent visitation will affect the parent-child relationship.

In some circumstances, grandparents may also be able to obtain custody over their grandchild, but this is usually a much more challenging undertaking. Depending on the state, grandparents will likely need to prove that both of a child’s parents are unfit to parent in order to obtain custody of the child. Parental unfitness is often proven by evidence of substance abuse, severe mental illness, or child abuse or neglect. This survey does not cover every conceivable way a grandparent may assume responsibility for their grandchild. You should consider seeking the advice of an experienced family law attorney if you have specific questions about grandparent custody.

Click on a state below to learn more about grandparent custody and visitation laws in that state.

Alabama Grandparent Visitation & Custody Laws

Grandparent visitation in Alabama may be granted when the marital relationship between the parents of the child has been severed due to death, divorce, or a current divorce or legal separation action; the child was born out of wedlock and, if the petitioning grandparent is a paternal grandparent, paternity has been legally established; or an action to terminate the parental rights of one or both parents has been filed or ended in termination (except, generally, when parental rights are terminated due to adoption by a non-family member). The grandparent must prove by clear and convincing evidence that they have established a significant and viable relationship with the child and that visitation is in the best interest of the child. Visitation may be modified or terminated if there has been a material change in circumstances since the award, and modification or termination would be in the child’s best interest.

Grandparent custody in Alabama may be granted when a child’s parents are unfit to care for them.

Alaska Grandparent Visitation & Custody Laws

Grandparent visitation in Alaska may be granted during a legal dispute over child custody between parents if it is in the child’s best interest. Otherwise, it may be granted when a grandparent has established or tried to establish ongoing personal contact with the child, and visitation would be in the child’s best interest. A grandparent must prove by clear and convincing evidence that it would be detrimental to the child to limit visitation to what the child’s otherwise fit parent has determined to be reasonable.

Grandparent custody in Alaska may be granted if a parent is unfit or the child’s welfare so requires.

Alaska Grandparent Rights Resources

Arizona Grandparent Visitation & Custody Laws

Grandparent visitation in Arizona may be granted when one of the child’s parents is deceased or has been missing for at least three months, the child was born out of wedlock and the child’s parents are not currently married to each other, the marriage of the child’s parents has been dissolved for at least three months, or, when a grandparent stands in loco parentis (in place of a parent) to the child, a proceeding for dissolution of marriage or legal separation of the legal parents is currently pending. Grandparent visitation must be in the child’s best interests.

Grandparent custody in Arizona may be granted if one of the child’s legal parents is deceased, the child’s legal parents are not married when the grandparent custody petition is filed, or the child’s legal parents are currently undergoing a dissolution of marriage or legal separation in court. The grandparent must establish that they stand in loco parentis to the child, it would be significantly detrimental to the child to be in the care of their legal parent, and the court has not entered or approved a legal decision-making or parenting time order within one year of when the grandparent custody petition is filed, unless there is reason to believe the child may be seriously endangered physically, mentally, or emotionally in their current situation. The grandparent must show by clear and convincing evidence that awarding legal decision-making authority to a parent would not be in the child’s best interests.

Arizona Grandparent Rights Resources

Arkansas Grandparent Visitation & Custody Laws

Grandparent visitation in Arkansas may be granted when the parents of the child are divorced, legally separated, or deceased; the child is illegitimate and, if the petitioner is the paternal grandparent or great-grandparent, paternity has been established; the court finds by clear and convincing evidence that the child’s primary custodian is unfit; the court finds by clear and convincing evidence that there are compelling circumstances to overcome the presumption that the parental decision is in the best interest of the child; or a stepparent of either biological parent adopts the child due to the death of the biological parent. The grandparent may need to overcome the rebuttable presumption that the custodian’s visitation determination is in the best interest of the child by proving that the grandparent has established a significant and viable relationship with the child, and visitation would be in the best interest of the child.

Grandparent custody in Arkansas may be granted when a child lived with the grandparent for at least one year (six months if the child was under one year old), the grandparent was the child’s primary caregiver and financial supporter during that time, and the grandparent petitioned for custody within one year of this continuous physical custody. A court must determine that it would be in the child’s best interest to award custody to a grandparent.

Arkansas Grandparent Rights Resources

California Grandparent Visitation & Custody Laws

Grandparent visitation in California may be granted if the child’s parents are divorcing, legally separating, or battling over custody or visitation in court, or if either parent is deceased, and the court finds that grandparent visitation would be in the child’s best interest. A grandparent cannot petition for visitation when the child’s parents are married unless the parents are currently indefinitely separated; one of the parents is incarcerated, is involuntarily institutionalized, or has been absent more than a month without their spouse knowing their whereabouts; the child is not living with either parent; the child has been adopted by a stepparent; or one of the parents joins in the grandparent visitation petition. A grandparent may need to overcome the presumption that the parent is acting in the best interest of their child when making decisions regarding grandparent visitation.

Grandparent custody in California may be granted if the child has been living with the grandparent in a wholesome and stable environment, or if the grandparent would provide adequate care and guidance to the child. If a parent objects to grandparent custody, a court must first find by clear and convincing evidence that granting custody to a parent would be detrimental to the child, and grandparent custody would be in the child’s best interest.

California Grandparent Rights Resources

Colorado Grandparent Visitation & Custody Laws

Grandparent visitation in Colorado may be granted when there is or has been a case concerning child custody or parental responsibilities related to the child, including instances in which the child’s parents have divorced or legally separated, the child’s parent who is the grandparent’s child dies, or someone other than the child’s parent has legal custody or parental responsibilities concerning the child (generally excluding adoption). The court must determine that grandparent visitation would be in the best interests of the child.

Grandparent custody in Colorado may be granted when the child is not currently living with a parent or has lived with the grandparent for at least six months, and a petition for custody is filed within 182 days of the last time the child lived with the grandparent. Grandparent custody must be in the child’s best interest.

Colorado Grandparent Rights Resources

Connecticut Grandparent Visitation & Custody Laws

Grandparent visitation in Connecticut may be granted if a grandparent proves by clear and convincing evidence that a parent-like relationship exists between the child and them and that denial of visitation would cause real and significant harm.

Grandparent custody in Connecticut may be granted if it is in the best interest of the child, and the grandparent has a parent-like relationship with the child. There is a rebuttable presumption that it is in a child’s best interest to be in the custody of their parent, but this presumption may be overcome with evidence that parental custody would be detrimental to the child, meaning that it would be clearly damaging, injurious, or harmful.

Connecticut Grandparent Rights Resources

Delaware Grandparent Visitation & Custody Laws

Grandparent visitation in Delaware may be granted following a grandparent’s petition or a child’s petition through a guardian ad litem. The court must find that visitation would be in the child’s best interests and that either the child’s parents consent; the child is dependent, neglected, or abused in the parent’s care; a parent is deceased; or the parent’s objection to visitation is unreasonable and visitation will not substantially interfere with the parent-child relationship. If a parent’s rights concerning the child have been terminated, the terminated parent’s parents may not seek visitation unless more than three years have elapsed since the termination and the child has not been adopted, or the child’s adoptive parents have entered into a written notarized agreement or court-approved agreement for continued visitation.

Grandparent custody in Delaware may be granted if parental rights have been terminated or the child’s parent is unfit.

Delaware Grandparent Rights Resources

Florida Grandparent Visitation & Custody Laws

Grandparent visitation in Florida may be granted when a child’s parents are deceased, missing, or in a persistent vegetative state, or when one parent is deceased, missing, or in a persistent vegetative state and the other parent has been convicted of a felony or a violent offense showing behavior that poses a substantial threat of harm to the child’s health or welfare. The court must find by clear and convincing evidence that a parent is unfit or poses significant harm to the child, that visitation is in the child’s best interest, and that visitation will not harm the parent-child relationship.

Grandparent custody in Florida may be granted on a temporary or concurrent basis if a grandparent has the signed, notarized consent of the child’s parents, or if they are living with and caring for the child full-time like a parent. They must have physical custody of the child at the time of filing for custody, or they must have had physical custody for at least 10 days in a 30-day period within the last year. They must also lack signed documentation from a parent that would enable them to care for the child in a way a custody order would. Temporary or concurrent custody must be in the best interest of the child. If a child’s parent objects, a court cannot grant concurrent custody and can only grant temporary custody if it finds by clear and convincing evidence that a parent is unfit.

Georgia Grandparent Visitation & Custody Laws

Grandparent visitation in Georgia may be granted if a grandparent proves by clear and convincing evidence that visitation would be in the best interest of the child and that the child’s health or welfare would be harmed if visitation was not granted. Grandparents generally cannot petition for visitation when the child’s parents are not separated, the child is living with both parents, and there is no current child custody dispute in the court. A court cannot grant grandparent visitation over the objections of a fit parent without clear and convincing evidence that denying visitation would actually harm or threaten to harm the child.

Grandparent custody in Georgia may be granted if it would be in a child’s best interest, but there is a presumption that parental custody is in a child’s best interest. To rebut this presumption, a grandparent must prove by clear and convincing evidence that the child would suffer either physical or significant and long-term emotional harm if a parent had custody.

Hawaii Grandparent Visitation & Custody Laws

Grandparent visitation in Hawaii may be granted if it would be in the best interest of the child. However, the Hawaii Supreme Court has held that the “best interests of the child” standard in the statute is unconstitutional because it does not require a showing of harm to the child.

Grandparent custody in Hawaii may be granted during a court proceeding involving a child custody dispute, such as when the child’s parents are divorcing, and awarding grandparent custody would be in the best interest of the child.

Idaho Grandparent Visitation & Custody Laws

Grandparent visitation in Idaho may be granted when it would be in the best interest of the child. However, this statute was held unconstitutional by the Supreme Court of Idaho in 2022.

Grandparent custody in Idaho may be granted during a divorce between the child’s parents if it is in the best interests of the child, and the child has been living with the grandparent in a stable relationship. However, a court must consider many relevant factors, including the parents’ wishes. Grandparent custody may also be granted if the grandparent has been the primary caretaker and financial supporter of the child, and the child has lived with the grandparent without a parent for at least one year (six months if the child is younger than three years old). The court must find that grandparent custody would be in the child’s best interest and also give due deference to a fit parent’s wishes.

Illinois Grandparent Visitation & Custody Laws

Grandparent visitation in Illinois may be granted when there has been an unreasonable denial of visitation by the child’s parent, and the denial has caused undue mental, physical, or emotional harm to the child. It generally must be the case that the child is at least one year old and either the child’s parents were not married when the child was born and are not currently living together; the child’s parent is deceased or has been missing for at least 90 days; one parent is legally incompetent; one parent has been incarcerated for at least 90 days immediately prior to the visitation petition; or the child’s parents are divorced or legally separated or there is a current court proceeding concerning the parental responsibilities or visitation of the child, and at least one parent does not object to grandparent visitation. The grandparent may need to overcome the presumption that a fit parent’s visitation decisions are not harmful to the child.

Grandparent custody in Illinois may be granted if the child’s parents have voluntarily relinquished their parental rights or if the child’s parents are deemed unfit.

Indiana Grandparent Visitation & Custody Laws

Grandparent visitation in Indiana may be granted if the child’s parent is deceased, the child’s parents’ marriage has been dissolved in Indiana, or the child was born out of wedlock and, if the petitioning grandparent is a paternal grandparent, paternity has been legally established. The Indiana Supreme Court has held that a grandparent seeking visitation due to the death of the child’s parent must be the parent of the deceased parent.

Grandparent custody in Indiana may be granted if the child has been cared for and supported by the grandparent and it would be in the child’s best interest to award grandparent custody. One of the factors a court may consider is why the grandparent is taking care of the child, including whether they are taking care of the child in order to enable the parent to work or go to school. Grandparent custody may also be awarded in Indiana when a child’s parents are deemed unfit.

Iowa Grandparent Visitation & Custody Laws

Grandparent visitation in Iowa may be granted if the parent who is the child of the petitioning grandparent is deceased. A grandparent may need to overcome the rebuttable presumption that a fit parent’s objection to grandparent visitation is in the best interest of the child. The court must find by clear and convincing evidence that grandparent visitation would be in the best interests of the child, that the grandparent has a substantial relationship with the child, and either that the child’s parent is unfit to make a visitation determination on their own or that the child’s parent’s judgment has been impaired and the benefit to the child of granting visitation outweighs any effect on the parent-child relationship.

Grandparent custody in Iowa may be granted if a child’s parent is unfit or if both parents are deceased.

Iowa Grandparent Rights Resources

Kansas Grandparent Visitation & Custody Laws

Grandparent visitation in Kansas may be granted when a court finds that a substantial relationship between the grandparent and child exists and that visitation would be in the best interests of the child. If a grandparent’s child who is the parent of the grandchild has died, the grandparent may still be awarded reasonable visitation rights even if the surviving parent of the child remarries and the new spouse adopts the child. Visitation may be modified if it is in the best interest of the child.

Grandparent custody in Kansas may be granted if a parent is unfit or if it would otherwise be harmful for the child to remain in their parent’s custody. A court will give a grandparent substantial consideration when a child is removed from their parent’s custody.

Kentucky Grandparent Visitation & Custody Laws

Grandparent visitation in Kentucky may be granted if it is in the best interest of the child, or if the parent of the child who is the grandparent’s child is deceased and the grandparent has assumed the child support responsibility of the deceased parent. A grandparent may need to overcome the presumption that a fit parent is acting in the best interests of their child when making visitation determinations. However, the Supreme Court of Kentucky has determined that two subsections of the statute concerning grandparent visitation when the parent of the child who is the grandparent’s child is deceased, but the grandparent does not assume a child support obligation, are unconstitutional because they do not give a fit parent’s visitation determination the “special weight” required by Troxel.

Grandparent custody in Kentucky may be granted if the grandparent has been the child’s primary caregiver and financial supporter, the child has lived with the grandparent for at least one year (six months if the child is under three years old) within the last two years, and it would be in the child’s best interest to grant grandparent custody.

Louisiana Grandparent Visitation & Custody Laws

Grandparent visitation in Louisiana may be granted if the parents of the child are not married or cohabitating like a married couple or are going through a divorce, and grandparent visitation would be in the best interest of the child. The court is limited to considering a short list of factors to determine whether grandparent visitation would be in the best interest of the child, including a parent’s constitutional right to make decisions regarding the care, custody, and control of their child. If the parents of the child are married or cohabitating and have not filed for divorce, grandparent visitation generally may be granted if the parent who is the child of the grandparent is deceased, interdicted, or incarcerated, and visitation would be in the child’s best interest.

Grandparent custody in Louisiana may be granted when an award of joint or sole custody to either parent would result in substantial harm to the child, and the child has been living with the grandparent in a wholesome and stable environment or the grandparent would be able to provide an adequate environment.

Louisiana Grandparent Rights Resources

Maine Grandparent Visitation & Custody Laws

Grandparent visitation in Maine may be granted if it would be in the best interests of the child and there is a sufficient existing relationship between the grandparent and child, or there is another compelling state interest to justify granting grandparent visitation over a parent’s objections.

Grandparent custody in Maine may be granted if the child has lived with the grandparent for a significant amount of time, the grandparent has regularly taken care of the child, the child and grandparent have formed a bonded and dependent relationship that is supported by a parent, the grandparent has accepted full and permanent responsibility for the child without financial expectations, and it would be in the child’s best interest to continue the relationship.

Maine Grandparent Rights Resources

Maryland Grandparent Visitation & Custody Laws

Grandparent visitation in Maryland may be granted if it is in the best interest of the child. The Court of Appeals of Maryland has noted that the statute can be “supplemented by judicial interpretation with an inferred presumption that parental decisions regarding their children are valid.” Third parties, like grandparents, must show that the child’s parents are unfit or that there are exceptional circumstances to overrule a parent’s own grandparent visitation judgment.

Grandparent custody in Maryland may be granted if the child and the grandparent have lived together, the child’s parents fostered a relationship with the grandparent (or when a parent does not consent, they are unfit or exceptional circumstances exist), the grandparent performs parental functions for the child, a parent-child-like bond has been established, and it would be in the child’s best interest to grant grandparent custody.

Maryland Grandparent Rights Resources

Massachusetts Grandparent Visitation & Custody Laws

Grandparent visitation in Massachusetts may be granted if the child’s parents are divorced, living separately, or under a temporary order or judgment of separate support. It also may be granted if either or both parents are deceased or if the child was born out of wedlock, the parents do not live together, and, if the petitioning grandparent is a paternal grandparent, paternity has been legally established. The court must determine that grandparent visitation would be in the best interest of the child. A parent’s decision regarding grandparent visitation is given presumptive validity that must be rebutted with evidence that failure to grant grandparent visitation would cause the child significant harm. Grandparent visitation will not be granted or will not continue if the child has been adopted by someone other than a stepparent.

Grandparent custody in Massachusetts may be granted during a parent’s divorce if it would be in the child’s best interest. It may also be granted if the child’s welfare is at risk.

Massachusetts Grandparent Rights Resources

Michigan Grandparent Visitation & Custody Laws

Grandparent visitation in Michigan may be granted if the child’s parents are divorced or legally separated, or are currently going through a divorce or legal separation, or if the child’s parent who is the child of the grandparent is deceased. It may also be granted if the child’s parents have never married and are not living together and, if the petitioning grandparent is a paternal grandparent, paternity has been legally established; if custody of the child has been given to someone other than the parents (except generally in the case of adoption); or if the grandparent was the child’s custodian in the year leading up to the visitation petition. A grandparent may be required to overcome the presumption that a fit parent’s decision to deny grandparent visitation does not create a substantial risk to the child’s health.

Grandparent custody in Michigan may be granted if the child’s biological parents have never been married to each other, the parent who has custody of the child dies or is missing, and the other parent does not have court-ordered legal custody. It may also be granted if the parents are unfit or otherwise unable to care for the child.

Minnesota Grandparent Visitation & Custody Laws

Grandparent visitation in Minnesota may be granted when a child’s parents are going through or have gone through a divorce, legal separation, custody dispute, or parentage dispute. It may also be granted when the child’s parent who is the child of the grandparent is deceased, or when the child has lived with the grandparent for at least a year and is then removed from the home by their parents. The court must find that visitation would be in the child’s best interest and would not interfere with the parent-child relationship. Grandparent visitation may not be granted or may be terminated when a child is adopted by someone other than a stepparent or grandparent. The Minnesota Supreme Court has ruled that the portion of the statute placing the burden of proof on a custodial parent to show that visitation would interfere with the parent-child relationship is unconstitutional.

Grandparent custody in Minnesota may be granted when a grandparent has been the child’s primary caregiver, and the child has lived with the grandparent without a parent’s consistent participation for at least one year (six months if the child is under three years old) within the last two years. It may also be granted if the child would be harmed by continuing to live with the parent or other extraordinary circumstances exist to warrant grandparent custody. The court must find that it would be in the child’s best interest to grant grandparent custody.

Minnesota Grandparent Rights Resources

Mississippi Grandparent Visitation & Custody Laws

Grandparent visitation in Mississippi may be granted if a court awards custody of a child to one parent or terminates the parental rights of one parent, or if one parent dies. Otherwise, it may be granted if the grandparent has established a viable relationship with the child, the child’s parent unreasonably denies grandparent visitation, and visitation would be in the best interests of the child. Mississippi considers a “viable relationship” to be one in which the grandparent has financially supported the child for at least six months, has frequently visited the child including the occasional overnight visit for at least one year, or has cared for the child over a significant period of time when the parent has been in jail or on military duty away from the home.

Grandparent custody in Mississippi may be granted if both parents have abandoned the child or are unfit to care for the child, and the grandparent has provided or could provide adequate and proper care.

Missouri Grandparent Visitation & Custody Laws

Grandparent visitation in Missouri may be granted if a grandparent has been unreasonably denied visitation of their grandchild for at least 60 days, and either the child’s parents are divorcing, the child’s parent who is the child of the grandparent is deceased, or the child has lived with the grandparent for at least six months in the two years immediately preceding the visitation petition. The court must determine that grandparent visitation would be in the child’s best interest.

Grandparent custody in Missouri may be granted when a court finds that both parents are unfit, unsuitable, or unable to be the child’s custodian, or the welfare of the child requires, and it is in the child’s best interest, to award grandparent custody.

Montana Grandparent Visitation & Custody Laws

Grandparent visitation in Montana may be granted if a court determines by clear and convincing evidence that grandparent visitation would be in the child’s best interest and, if a parent objects, that the parent is unfit. There is a presumption in favor of a fit parent’s wishes. Grandparent visitation will not be granted or will be terminated if the child has been adopted by someone other than a stepparent or grandparent.

Grandparent custody in Montana may be granted if the child’s parent is deceased, the grandparent and child have a parent-child relationship, and it would be in the child’s best interests to award grandparent custody. It may also be granted temporarily if the child was voluntarily given to the grandparent and remained with the grandparent for at least six months under circumstances in which it is unclear whether the parent would return and retake custody, and a court subsequently determines that the parent has abandoned the child. The grandparent may then have an opportunity to petition for a parenting plan or to be appointed the child’s guardian.

Nebraska Grandparent Visitation & Custody Laws

Grandparent visitation in Nebraska may be granted if one or both of the child’s parents are deceased, the child’s parents are divorced or are going through a divorce, or the child’s parents have never been married but paternity has been legally established. A grandparent must demonstrate by clear and convincing evidence that a significant beneficial relationship exists or has existed between the grandparent and the child, that grandparent visitation would be in the child’s best interest, and that visitation would not adversely interfere with the parent-child relationship.

Grandparent custody in Nebraska may be granted if a child’s parents are unfit, and it would be in the child’s best interest to grant grandparent custody.

Nevada Grandparent Visitation & Custody Laws

Grandparent visitation in Nevada may be granted if a parent has denied or unreasonably restricted visitation, and one or both of a child’s parents are deceased, are divorced or separated, or have had their parental rights terminated or relinquished. This includes parents who cohabitated but have never legally been married and who are now separated or deceased. A grandparent may need to overcome with clear and convincing evidence the rebuttable presumption that a parent’s denial or restriction of grandparent visitation is in the child’s best interest.

Grandparent custody in Nevada may be granted if a court finds that an award of custody to a parent would be detrimental to the child, and the award of custody to the grandparent would be in the child’s best interest.

New Hampshire Grandparent Visitation & Custody Laws

Grandparent visitation in New Hampshire may be granted if the nuclear family has somehow been terminated, like in the case of a divorce, death, or relinquishment of parental rights. The court will weigh certain factors, such as the best interest of the child and the nature of the relationship between the grandparent and child. Grandparent visitation may not be granted if access to the child had already been restricted before or contemporaneous with some type of termination of the nuclear family.

Grandparent custody in New Hampshire may be granted if parents are deemed unfit or there are exceptional circumstances that warrant granting grandparent custody.

New Hampshire Grandparent Rights Resources

New Jersey Grandparent Visitation & Custody Laws

Grandparent visitation in New Jersey may be granted if a grandparent proves by a preponderance of the evidence that visitation is in the best interests of the child. New Jersey courts have noted that a grandparent’s right to petition for visitation must be “carefully circumscribed, particularly where…the parent’s fitness is not disputed.”

Grandparent custody in New Jersey may be granted if a child’s parents or another person with custody of the child is unfit, is neglecting the child, or is endangering the child’s welfare. Grandparent custody may also be granted if the child’s parents are deceased or missing, and there is no other person, legal guardian, or agency with custody of the child. Finally, a grandparent may be able to obtain custody of a child if it would be in the child’s best interest, and they can prove that they have been the child’s “psychological parent,” meaning that the legal parent has consented to the relationship, the grandparent lived with the child, the grandparent performed parental functions, and a parent-child bond was forged.

New Mexico Grandparent Visitation & Custody Laws

Grandparent visitation in New Mexico may be granted during or after a divorce, a legal separation, or another court proceeding involving the parent-child relationship. It may also be granted if one or both parents are deceased, if the child lived with the grandparent for a certain amount of time and was subsequently removed from the home, or if the child has been adopted or is being adopted by a stepparent, relative, person designated to care for the child under the provisions of a deceased parent’s will, or person who sponsored the child at a baptism or confirmation conducted by a religious organization. Even if a court finds that grandparent visitation is not in a child’s best interest, it may still order other reasonable grandparent contact, such as phone calls.

Grandparent custody in New Mexico may be granted if it would be in the child’s best interest, and a parent has consented, the parent’s rights have been terminated, or the child has lived with the grandparent without a parent for at least the last 90 days and the parent is unwilling or unable to care for the child or there are extraordinary circumstances.

New York Grandparent Visitation & Custody Laws

Grandparent visitation in New York may be granted when one or both parents are deceased or when other circumstances make it equitable to award visitation. The court will award grandparent visitation according to the best interest of the child.

Grandparent custody in New York may be granted when extraordinary circumstances warrant awarding grandparent custody. Grandparent custody will be determined according to the best interests of the child. An extended disruption of custody, such as when a child lives with their grandparent for at least two years after their parent relinquishes control, may be an extraordinary circumstance sufficient to award grandparent custody.

North Carolina Grandparent Visitation & Custody Laws

Grandparent visitation in North Carolina may be granted during a custody dispute between parents or when the child has been adopted by a stepparent or relative, when a substantial relationship exists between grandparent and child. A court may also grant visitation rights by electronic communication, such as phone calls. Grandparent visitation will not be awarded when the child has been adopted by parties unrelated to the child, and the parental rights of both biological parents have been terminated. If child custody has already been determined, a grandparent may petition to modify their visitation rights if circumstances have sufficiently changed.

Grandparent custody in North Carolina may be granted if it is in the best interest of the child. Among relevant factors a court will consider is the safety of the child. A court must determine that a child's parents are unfit or acting inconsistently with their parental status in order to grant grandparent custody.

North Dakota Grandparent Visitation & Custody Laws

Grandparent visitation or custody in North Dakota may be granted if the grandparent is a consistent caretaker or has a substantial relationship with the child to the extent that denying custody or visitation would harm the child. The grandparent must prove that visitation or custody would be in the child’s best interest.

Generally, a grandparent will be considered a consistent caretaker under the statute if they have lived with the child for at least a year, regularly care for the child, make day-to-day decisions regarding the child, and have established a bonded and dependent relationship with the child, all without the expectation of compensation. The grandparent may need to overcome by clear and convincing evidence the presumption that a parent’s decision regarding grandparent visitation or custody is in the child’s best interest.

North Dakota Grandparent Rights Resources

Ohio Grandparent Visitation & Custody Laws

Grandparent visitation in Ohio may be granted during or after a divorce, dissolution, legal separation, annulment, or child support proceeding if it would be in the best interest of the child. It may also be granted if one of the child’s parents is deceased or if the child’s mother was unmarried at the time of birth (but generally not if the child’s parents later married each other), and it is in the child’s best interest.

Grandparent custody in Ohio may be granted if a court finds that it would not be in a child’s best interest to be in the legal custody of either parent. The wishes of the child’s parents are one of the factors a court will consider in determining what would be in the child’s best interests. If a child has been living with their grandparent, and reasonable attempts to locate and contact the child’s parents or guardians have been unsuccessful, a grandparent may obtain temporary custody of the child by executing a caretaker authorization affidavit. A child’s parent or guardian may create a power of attorney granting a grandparent living with the child certain custodial rights.

Ohio Grandparent Rights Resources

Oklahoma Grandparent Visitation & Custody Laws

Grandparent visitation in Oklahoma may be granted if the nuclear family has been disrupted in certain ways, such as by divorce or the death of the parent who is the grandparent’s child. The court must find that grandparent visitation would be in the child’s best interests, and the grandparent must prove either that the child’s parent is unfit or that denying grandparent visitation would harm or potentially harm the child.

Grandparent custody in Oklahoma may be granted if the child’s parents are unfit, and grandparent custody would be in the child’s best interest.

Oklahoma Grandparent Rights Resources

Oregon Grandparent Visitation & Custody Laws

Grandparent visitation in Oregon may be granted when a grandparent has established emotional ties creating a child-parent relationship or an ongoing personal relationship with a child, and it would be in the child’s best interests to grant grandparent visitation. There is a rebuttable presumption that the child’s legal parents are acting in the best interest of the child.

Grandparent custody in Oregon may be granted when a grandparent has established a parent-child relationship between the child and them and overcomes the presumption that the child’s legal parents are acting in their best interest. A parent-child relationship under the statute generally means a relationship that currently exists or did exist within six months of the grandparent filing the petition in which the grandparent has physical custody of the child or lives in the same house as the child and cares for the child in a substantial way.

Pennsylvania Grandparent Visitation & Custody Laws

Grandparent visitation in Pennsylvania (called “partial physical custody”) may be granted if a child’s parent who is the child of the grandparent is deceased, the child’s parents have commenced a custody proceeding and do not agree regarding grandparent visitation even though the grandparent had a relationship with the child previously by a parent’s consent or court order, or the child has lived with the grandparent for at least a year and was removed from the grandparent’s home by a parent within six months of the visitation petition.

Grandparent custody in Pennsylvania may be granted if a grandparent stands in loco parentis (in place of a parent) to the child or if their relationship with the child began with the consent of a parent or under court order, they have assumed or are willing to assume responsibility for the child, and either the child has been determined to be a dependent child; the child is substantially at risk due to parental abuse, neglect, incapacity, or drug or alcohol abuse; or the child has lived with the grandparent for at least one year and was removed from the home by a parent within six months of the custody petition.

Rhode Island Grandparent Visitation & Custody Laws

Grandparent visitation in Rhode Island may be granted if a child’s parent who is the child of the grandparent is deceased, if a child’s parents are going through a divorce, or if the grandparent has repeatedly tried to visit the child in the past month and was not allowed by a parent, yet it would be in the child’s best interest to award grandparent visitation. A grandparent may need to rebut by clear and convincing evidence the presumption that a parent’s denial of visitation is reasonable.

Grandparent custody in Rhode Island may be granted if the child’s parents are unfit or unable to care for the child.

South Carolina Grandparent Visitation & Custody Laws

Grandparent visitation in South Carolina may be granted when one or both of a child’s parents are deceased, or if they are divorced or living separate and apart. The court must find that the child’s parents have been unreasonably denying grandparent visitation for more than 90 days and that awarding grandparent visitation would not interfere with the parent-child relationship. The court must find by clear and convincing evidence either that the child’s parents are unfit or that compelling circumstances exist to overcome the presumption that the parent’s visitation determination is in the child’s best interest.

Grandparent custody in South Carolina may be granted if a grandparent is found to be a child’s de facto custodian, and either the child’s parents are unfit or compelling circumstances exist to warrant grandparent custody. A grandparent may be found to be a child’s de facto custodian if they have been the child’s primary caregiver and financial supporter, and the child has lived with them for at least one year (six months if the child is under three years old).

South Carolina Grandparent Rights Resources

South Dakota Grandparent Visitation & Custody Laws

Grandparent visitation in South Dakota may be granted if visitation would be in the child’s best interest, and either the visitation would not significantly interfere with the parent-child relationship or the parent has denied grandparent visitation.

Grandparent custody in South Dakota may be granted if a child’s parents are unfit or the child would otherwise be harmed if they continued to remain in their parent’s custody.

Tennessee Grandparent Visitation & Custody Laws

Grandparent visitation in Tennessee may be granted if one or both of the child’s parents are deceased; the child’s parents are divorced, are legally separated, or were never married to each other; one of the child’s parents has been missing for at least six months; or the child lived with the grandparent or had a significant relationship with the grandparent for at least the past year, and the relationship was subsequently terminated or severely reduced by a parent. The court must find that severance or a severe reduction of the relationship is likely to substantially harm the child. If a child lived with the grandparent for at least one year, or if the child’s parent who is the child of the grandparent is deceased, there is a rebuttable presumption that denial of visitation may result in substantial harm to the child. The court must additionally find that grandparent visitation would be in the child’s best interest.

Grandparent custody in Tennessee may be granted if a child’s parents are unfit or unable to care for them.

Texas Grandparent Visitation & Custody Laws

Grandparent visitation in Texas may be granted if the child’s parent who is the child of the grandparent has been incarcerated for the last three months, has been found to be incompetent by a court, is deceased, or does not have actual or court-ordered possession of or access to the child. A grandparent may need to overcome the presumption that the parent is acting in the child’s best interest by proving that denying grandparent visitation would significantly impair the child’s health.

Grandparent custody in Texas may be granted if both of a child’s parents are deceased, if both parents give consent, if it is necessary because the child’s current circumstances significantly impair their health or development, if the child has been in the actual care, custody, control, and possession of the grandparent for at least six months ending within the last 90 days, or if the child and their parent or guardian lived with the grandparent for at least six months ending within the last 90 days and the parent or guardian has died.

Texas Grandparent Rights Resources

Utah Grandparent Visitation & Custody Laws

Grandparent visitation in Utah may be granted if a grandparent establishes by clear and convincing evidence either that the child’s parents are unfit in a manner causing potential harm to the child or that the grandparent has a relationship with the child akin to a parent and that the loss of such relationship could cause the child substantial harm. Granting grandparent visitation must be in the child’s best interest. There is a rebuttable presumption that a parent’s determination regarding grandparent visitation is in the child’s best interest.

Grandparent custody in Utah may be granted if a parent is absent or has abused or neglected the child, and the grandparent has intentionally assumed the role and obligations of a parent, the grandparent and child have a parent-child relationship, the grandparent substantially contributes to the child’s emotional or financial wellbeing, the assumption of the parental role is not due to a financially compensated surrogate care arrangement, continuing the relationship is in the child’s best interest, and the loss of the relationship would substantially harm the child. There is a rebuttable presumption that a parent’s decisions are in the child’s best interest.

Vermont Grandparent Visitation & Custody Laws

Grandparent visitation in Vermont may be granted if a child’s parent is deceased, is physically or mentally incapable of making a decision, or has abandoned the child. A court must find that grandparent visitation would be in the child's best interest. Adoption terminates any grandparent visitation order unless the child is adopted by a stepparent, grandparent, or other relative.

Grandparent custody in Vermont may be granted if a parent is unfit or if parents’ rights have been terminated.

Vermont Grandparent Rights Resources

Virginia Grandparent Visitation & Custody Laws

Grandparent visitation in Virginia may be granted if clear and convincing evidence proves that it would serve the best interests of the child. If a child’s parent who is related to the grandparent is deceased or incapacitated, the grandparent may be allowed to introduce evidence that the child’s parent consented to grandparent visitation. If the parents of the child object to grandparent visitation, a grandparent must prove that the child would be actually harmed by denying visitation.

Grandparent custody in Virginia may be granted if clear and convincing evidence proves that it would serve the best interests of the child, although courts must give due regard to the primacy of the parent-child relationship.

Washington Grandparent Visitation & Custody Laws

Grandparent visitation in Washington may be granted if the grandparent has a substantial and ongoing relationship with the child, and the child is likely to suffer harm or substantial risk of harm without visitation. An ongoing and substantial relationship is generally an interactive, affectionate relationship that has continued for at least two years (if the child is under two years old, half the child’s life) without the expectation of financial compensation. There is a rebuttable presumption that a fit parent’s visitation determination is in the child’s best interest and does not create a likelihood of harm or substantial risk of harm.

Grandparent custody in Washington may be granted if a child’s parents are unfit.

Washington Grandparent Rights Resources

Washington, D.C. Grandparent Visitation & Custody Laws

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Grandparent visitation in Washington, D.C. may be granted if it would be in the child’s best interests, and the grandparent overcomes the presumption that a fit parent’s grandparent visitation determination is reasonable.

Grandparent custody in Washington, D.C. may be granted if the child’s parent consents or when the grandparent has been living with and caring for the child like a parent and has been for at least four of the past six months, or when grandparent custody is necessary to prevent harm to the child.

Washington, D.C. Grandparent Rights Resources

West Virginia Grandparent Visitation & Custody Laws

Grandparent visitation in West Virginia may be granted if a court finds that it would be in the best interests of a child and would not substantially interfere with the parent-child relationship. A grandparent may request visitation during a legal dispute related to child custody, including divorce or legal separation, if it would be in the child’s best interest and the parent who is related to the grandparent either is missing or has failed to answer or appear and defend the action in court. A grandparent may otherwise request visitation if it would be in the child’s best interest, and the parent who is related to the grandparent does not have custody, share custody, or exercise visitation privileges with the child. There is a presumption that visitation need not be extended to a grandparent if a parent related to the grandparent does have custody, share custody, or exercise visitation privileges with their child, but this presumption may be rebutted by clear and convincing evidence that grandparent visitation would be in the child’s best interest.

Grandparent custody in West Virginia may be granted when parents’ rights are terminated or when a parent is deemed unfit.

West Virginia Grandparent Rights Resources

Wisconsin Grandparent Visitation & Custody Laws

Grandparent visitation in Wisconsin may be granted if there is an underlying family case, such as a divorce, and the grandparent has maintained a parent-child relationship with the child; if one or both of a child’s parents are deceased; or if the child’s parents have never been married to each other, the grandparent has maintained or attempted to maintain a relationship with the child, the grandparent is not likely to act contrary to decisions made by the parent, and, if the petitioning grandparent is a paternal grandparent, paternity has been legally established. It may also be granted if a child has been adopted by a stepparent or relative, the grandparent has maintained a parent-child relationship with the child within the last two years, and grandparent visitation would not undermine the parents’ relationship with the child. Grandparent visitation must be in the child’s best interest. There is a rebuttable presumption that a fit parent’s determination regarding grandparent visitation is in the child’s best interest.

Grandparent custody in Wisconsin may be granted if the child’s parents are unable to adequately care for the child or are unfit, and it would be in the child’s best interest.

Wisconsin Grandparent Rights Resources

Wyoming Grandparent Visitation & Custody Laws

Grandparent visitation in Wyoming may be granted if visitation would be in the child’s best interest and would not substantially impair the rights of the child’s parents. Grandparents must prove either that the child’s parents are unfit or that a parent’s visitation decisions are harmful to the child. Grandparent visitation will not be granted if the child has been adopted, and neither adoptive parent is blood-related to the child.

Grandparent custody in Wyoming may be granted if a child has been abandoned or if the child’s parent is unfit.

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