Hopefully this information will never need to be used but it is a general information list for each state.
As a service to our readers, Grandparents.com has
established the American Grandparents AssociationTM , dedicated to ensuring the
best for grandparents and their families. One goal of Association is to become
a key resource for grandparents who are physically removed from their
grandchildren and would like to find a way to visit them. We are providing this
guide to grandparent rights in all 50 states. Should you need specific legal
advice on your own grandparent rights, consult a lawyer in your home state who
specializes in family law and who may know of any recent changes in your
state's laws.
State Provisions for Custody and Visitation
Grandparents should check a number of provisions
in the statutes in their respective states to determine the conditions for
visitation, the factors a court must consider to order visitation, and the
proper venue to file a request for visitation. Though many state statutes are
similar, state courts may apply statutory provisions differently. Every statute
requires courts to consider the best interests of the child before awarding
custody or visitation to grandparents.
Courts in a
number of states have ruled that statutes providing for grandparent visitation
violate either the federal or the respective state constitutions. Several
states have revised the statutory visitation provisions, but the
constitutionality of these statutes may still be in question. If an
intermediate appellate court in a particular state has ruled a visitation
statute unconstitutional, it does not necessarily render the statute invalid.
The provisions of these statutes are included below. However, if a state
supreme court or the United States Supreme Court has determined that the
visitation statute is unconstitutional, the provisions are not included below.
ALABAMA
The custody
statute requires courts to consider the moral character of the parents and the
age and sex of the child to determine the best interests of the child.
Conditions for grandparent visitation rights include a determination of whether
a parent is deceased, the child's parents are divorced, or the grandparent has
been denied visitation. Adoption cuts off all visitation rights of
grandparents. At least one Alabama Court of Appeals ruled the Alabama statute
providing grandparental visitation unconstitutional.
ALASKA
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. Adoption cuts off the visitation rights
of grandparents unless the adoption decree provides for visitation between the
child and the natural relatives.
ARIZONA
A court may
award visitation rights if the child's parents' marriage has been dissolved for
at least three months, or the child is born out of wedlock. Adoption cuts off
the visitation rights of the grandparents unless the adoption is granted to a
stepparent.
ARKANSAS
The custody
statute requires that court grant custody "without regard to the sex of
the parent but solely in accordance with the welfare and best interest of the
children." Conditions for grandparent visitation rights include several
circumstances where the grandchild has resided with the grandparent, the
child's parents are divorced, the child is in the custody of someone other than
a parent, or the child has been born out of wedlock. Adoption cuts off all
visitation rights of the natural grandparents.
CALIFORNIA
Conditions for
grandparent visitation rights include a determination of whether a parent is
deceased, the child's parents are divorced or separated, the whereabouts of one
parent is unknown, or the child is not residing with either parent. In addition
to determining that visitation is in the child's best interests, the court must
find that the grandparents had a preexisting relationship with the grandchild.
The court must also balance visitation with the parents' rights. If both
parents agree that the court should not grant visitation to the grandchild, the
court will presume that visitation is not in the child's best interests.
Adoption does not automatically cut off the visitation rights of grandparents.
Note that a California Court of Appeals in 2001 ruled the California statute
providing grandparental visitation unconstitutional.
COLORADO
A court may
award visitation rights if the child's parents' marriage has been terminated,
legal custody of the child has been given to a third party, the child has been
placed outside the home of either of the child's parents, or the grandparent is
the parent of a deceased parent of the child. Adoption cuts off the visitation
rights of the grandparents unless the adoption is granted to a stepparent.
CONNECTICUT
A court may
award visitation rights if visitation is in the child's best interest. Adoption
does not automatically cut off the visitation rights of grandparents.
DELAWARE
A court may
award visitation rights if visitation is in the child's best interest. Adoption
cuts off all visitation rights of grandparents.
FLORIDA
The Florida
Supreme Court has ruled the Florida statute providing grandparental visitation
unconstitutional, and the Florida Legislature has not adopted an alternative
statute.
GEORGIA
The custody
statute does not list specific factors for the court to consider for
determining the best interest of the child. A court may award visitation rights
if an action is pending where there is an issue involving the custody of a
minor child, divorce of the child's parents, termination of a parent's rights,
or visitation rights. Adoption cuts off the visitation rights of the
grandparents unless the adoption is granted to a stepparent or a natural
relative of the child.
HAWAII
The custody
statute requires courts to consider the child's wishes, if the child is old
enough and has the capacity to reason, and evidence of any domestic violence,
when determining the best interest of the child. A court may award visitation
rights if Hawaii is the home state of the child at the time visitation is
requested, and visitation is in the best interest of the child. Adoption cuts
off all visitation rights of grandparents.
IDAHO
A court may
award visitation rights if visitation is in the child's best interest. Adoption
cuts off all visitation rights of grandparents.
ILLINOIS
A court may
award visitation rights if the parents are not living with one another; one of
the parent's is absent, one of the parents is deceased, or one of the parents
joins the petition with the grandparent. A court may not allow visitation to a
paternal grandparent if the grandchild was born out of wedlock and paternity
has not been established. Visitation will also not been allowed if the child is
surrendered voluntarily by the parents to anyone besides the Illinois
Department of Children and Family Services or a foster care service. Adoption
cuts off the visitation rights of the grandparents unless the adoption is
granted to a stepparent.
INDIANA
A court may
award visitation rights if either of the child's parents is deceased, the
child's parents' marriage has been terminated, or the child was born out of
wedlock. In addition to considering whether visitation is in the child's best
interest, a grandparent must show that he or she has had, or attempted to have,
meaningful contact with the grandchild. Adoption cuts off the visitation rights
of the grandparents unless the adoption is granted to a stepparent or a natural
grandparent, sibling, aunt, uncle, niece, or nephew of the child.
IOWA
The custody
statute requires courts to consider the best interest of the child that will
provide the "maximum continuing physical and emotional contact with both
parents." The Iowa Supreme Court has ruled the Iowa statute providing
grandparental visitation unconstitutional, and the Iowa Legislature has not
adopted an alternative statute.
KANSAS
A court may
award visitation rights in a custody order. Adoption cuts off the visitation
rights of the grandparents unless the grandparent is the parent of a deceased
parent and the surviving parent's spouse adopts the child.
KENTUCKY
A court may
award visitation rights if visitation would be in the child's best interest. A
court may award a grandparent the same visitation rights as a parent without
custody if the grandparent's child is deceased and the grandparent has provided
child support to the grandchild. Adoption cuts off the visitation rights of
grandparents unless the adoption is granted to a stepparent, and the
grandparent's child has not had his or her parental rights terminated.
LOUISIANA
A court may
award visitation rights if the child's parent is deceased or declared legally
incompetent, a grandparent is the parent of the deceased or incompetent parent
to the grandchild, and visitation is in the child's best interest. Adoption
cuts off the visitation rights of grandparents except in circumstances where
the grandparents are the parents of a deceased party to the marriage or the
parents of a party who has forfeited his or her rights to object to the child's
adoption.
MAINE
A court may
award visitation right if at least one of the child's parents is deceased,
visitation is in the child's best interest, and visitation will not interfere
significantly with the relationship between the parent and the child. Adoption
cuts off all visitation rights of grandparents.
MARYLAND
The custody
statute does not provide a list of factors for determining the best interest of
the child. A court may award visitation rights if visitation is in the child's
best interest. The factors for determining the child's best interest have been
set forth in case law. Adoption cuts off all visitation rights of grandparents.
MASSACHUSETTS
The custody
statute does not provide a list of factors for determining the best interest of
the child. A court may award visitation rights if the child's parents' marriage
is terminated, the parents are separated, one of the parents is deceased, or
the child was born out of wedlock and paternity has been established. Adoption
cuts off the visitation rights of grandparents unless the adoption is granted
to a stepparent.
MICHIGAN
A court may
award visitation rights if the child's parents' marriage is terminated, the
parents separate, or custody of the child is given to a third party other than
the child's parents. Adoption cuts off the visitation rights of grandparents
unless the adoption is granted to a stepparent.
MINNESOTA
A court may
award visitation rights if a child's parent is deceased and the grandparents
are the parents of the deceased parent. Visitation may also be granted during
or after divorce, custody, separation, annulment, or paternity proceedings.
Adoption cuts off the visitation rights of grandparents unless the adoption is
granted to a stepparent or another grandparent.
MISSISSIPPI
The custody
statute does not provide a list of factors for determining the best interest of
the child. If the child is at least 12 years old, he or she may choose who
takes custody. Conditions for grandparent visitation rights include
determination of whether one of the child's parents is deceased, or a parent
has had his or her parental rights terminated. The court must also consider the
relationship between the grandparent and grandchild. Adoption cuts off the
visitation rights of grandparents unless the adoption is granted to a
stepparent or a blood relative.
MISSOURI
A court may
award visitation rights if the child's parents have filed for divorce, one
parent is deceased and the other parent has unreasonably denied visitation to
the grandparent, or when a parent or parents unreasonably deny visitation to a
grandparent for more than 90 days. Adoption cuts off the visitation rights of
grandparents unless adoption is granted to a stepparent, another grandparent,
or a blood relative.
MONTANA
A court may
award visitation rights if the court finds that visitation is in the child's
best interest. Adoption cuts off the visitation rights of grandparents unless
adoption is granted to a stepparent or another grandparent.
NEBRASKA
A court may
award visitation rights if at least one parent is deceased, the parents'
marriage has been dissolved or a petition for dissolution has been filed, or
the child is born out of wedlock and paternity has been established.
Grandparents must demonstrate that a beneficial relationship exists between
themselves and the grandchild and that visitation is in the child's best
interest. Visitation cannot interfere with the parent-child relationship.
Adoption cuts off all visitation rights of grandparents.
NEVADA
A court may
award visitation rights if the child's parents are deceased, the child's
parents are divorced or separated, or one of the child's parents have had his
or her parental rights terminated. The child's parent or parents must have
unreasonably restricted visitation between the grandparent and grandchild
before a court may award visitation to a grandparent. If a child's parent or
parents has denied or unreasonably restricted access to a grandparent, a court
will presume that visitation is not in the child's best interest. Adoption cuts
off all rights of grandparents unless grandparents request visitation before
the termination of the parental rights of the child's parent or parents.
NEW HAMPSHIRE
A court may
award visitation rights if the child's parents are divorced or have filed for
divorce, one of the parents is deceased, one of the parents has had his or her
parental rights terminated, or the child has been born out of wedlock, if the
child has been legitimated. Adoption cuts off all rights of grandparents.
NEW JERSEY
A court may
grant visitation rights if visitation is in the child's best interest. Adoption
cuts off the rights of grandparents, unless adoption is granted to a
stepparent. Note that a New Jersey Court of Appeals in 2001 ruled the New
Jersey statute providing grandparental visitation unconstitutional.
NEW MEXICO
A court may
grant visitation rights if the child's parents are divorced, separated, or
deceased. Visitation rights may also be granted if the child is over six years
old, lived with the grandparent for more than six months, and was subsequently
removed from the grandparent's home (if the child is under six, the residence
requirement is reduced to three months). Adoption cuts off the rights of
grandparents unless adoption is granted to a stepparent, a relative of the
child, a caretaker designated in a deceased parent's will, or a person who
sponsored the child at a baptism or confirmation.
NEW YORK
The custody
statute does not provide statutory factors for determining the best interest of
the child. A court may grant visitation rights if at least one of the child's
parents is deceased or if the court finds that equity demands intervention
based on the circumstances of the case. Adoption does not automatically cut off
the visitation rights of grandparents. Note that a New York appellate court in
2001 ruled the New York statute providing grandparental visitation
unconstitutional.
NORTH CAROLINA
The custody
statute does not provide statutory factors for determining the best interest of
the child. A court may grant visitation rights as part of an order determining
custody of the child. Adoption cuts off the visitation rights of grandparents
unless adoption is granted to a stepparent or a relative of the child, where
the grandparent proves that a substantial relationship exists between the
grandparent and grandchild.
NORTH DAKOTA
A court
must grant visitation rights unless the court determines that visitation would
not be in the child's best interest. The amount of contact between the child,
the grandparent, and the parent are factors to be considered when determining
the child's best interest. Adoption cuts off the rights of grandparents, unless
visitation was granted prior to the adoption.
OHIO
A court may
grant visitation rights if the child's parents are deceased, divorced,
separated, were parties to a suit for annulment or child support, or were never
married to one another. Grandparents must show they have an interest in the
child's welfare. Adoption cuts off the visitation rights of grandparents unless
adoption is granted to a stepparent.
OKLAHOMA
A court may
grant visitation rights if visitation is in the child's best interest. The
statute provides special rules when the child is born out of wedlock. Adoption
cuts off the visitation rights of grandparents unless the grandparents can show
a previous relationship existed between them and the grandchild, and visitation
is in the child's best interest.
OREGON
Determination of grandparent visitation rights
include consideration of the relationship between the grandparent and
grandchild, as well as the relationship between the parent and child. Adoption
cuts off all visitation rights of grandparents.
PENNSYLVANIA
A court may
grant visitation if at least one of the child's parents is deceased, the
parents are divorced or separated for more than six months, or the child has
lived with the grandparent for more than 12 months. Determination of
grandparent visitation must include consideration of the best interest of the
child, potential interference with the parent-child relationship, and the
contact between the grandparent and grandchild. Adoption cuts off visitation
rights of grandparents unless adoption is granted to a stepparent or
grandparent.
RHODE ISLAND
The custody
statute does not provide statutory factors for determining the best interest of
the child. Determination of grandparent visitation must include consideration
of the relationship of the grandparent and grandchild, including the best
interest of the child. Courts may also grant visitation if the child's parents
are divorced or the parent who is the child of the grandparent is deceased.
Adoption cuts off all visitation rights.
SOUTH CAROLINA
A court may
grant visitation if one parent is deceased, or the parents are divorced or
separated. The court must consider the relationship between the grandparent and
the child, as well as the parent and the child. Adoption cuts off all
visitation rights of grandparents.
SOUTH DAKOTA
The custody
statute does not provide statutory factors for a court to determine proper
custody. A court may grant visitation if one parent is deceased, or the parents
are divorced or separated. Adoption cuts off the visitation rights of
grandparents unless adoption is granted to a stepparent or grandparent of the
child.
TENNESSEE
The
Tennessee Supreme Court ruled a previous version of the Tennessee grandparent
visitation statute unconstitutional.
TEXAS
The custody
statute does not provide statutory factors for a court to determine proper
custody. Conditions for grandparent visitation rights include a determination
that one of the child's parents is deceased, incompetent, incarcerated, or has
had his or her parental rights terminated. Visitation may also be awarded if
the parents are divorced, the child has been abused or neglected, the child has
been adjudicated a delinquent or in need of supervision, or the child has lived
with the grandparent for at least six months within 24 months of the filing of
the petition for visitation. Adoption cuts off the visitation rights of the
grandparent unless the adoption is granted to a stepparent.
UTAH
Conditions
for grandparent visitation rights include whether a parent is deceased, or
whether the parents are divorced or separated. Adoption cuts off all visitation
rights of grandparents.
VERMONT
Conditions
for grandparent visitation rights include consideration of whether a parent is
deceased, incompetent, or whether the child has been abandoned. Adoption cuts
off all visitation rights of grandparents unless the adoption is granted to a
stepparent or a relative of the child.
VIRGINIA
Determination of grandparent visitation is
made during a suit for dissolution of the marriage of the child's parents.
Adoption cuts off all visitation rights of grandparents.
WASHINGTON
The United
States Supreme Court case of Troxel v. Granville ruled the Washington
grandparent visitation statute is unconstitutional.
WEST VIRGINIA
The custody
statute does not provide statutory factors for a court to determine proper
custody. Conditions for grandparent visitation rights include consideration of
whether a parent is deceased, the child has resided with the grandparent and
subsequently was removed by a parent, or the grandparent in several
circumstances has been denied visitation by a parent. Adoption cuts off all
visitation rights of grandparents.
WISCONSIN
Conditions
for grandparent visitation rights include consideration of the relationship
between the grandparent and grandchild. Visitation may also be permitted if one
of the child's parents is deceased. Adoption cuts off the visitation rights of
grandparents unless adoption is granted to a stepparent.
WYOMING
The custody
statute does not provide statutory factors for a court to determine proper
custody. Conditions for grandparent visitation rights include consideration of
the child's best interest and the impairment of the rights of the parents.
Source: Encyclopedia of Everyday Law, © Gale
Cengage. All Rights Reserved.