Grandparents Visitation Rights Facts
Generally speaking, grandparent rights regarding visitation across the nation was dealt a setback when the U.S. Supreme Court handed its decision in Troxel vs. Granville in 2000. Since this decision, states across the nation have been modifying their grandparent visitation/custody rights to comply with the decision. As it stands today, grandparent visitation rights are secondary to the wishes of the primary parents, and are only available in limited circumstances.
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Troxel Versus Granville
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Troxel vs. Granville, 530 US 57 (2000), concerned a Washington state law that generally allowed any person to petition a court for the right to visit with a child, and that a court should grant visitation rights if such visitation was found to be in the best interests of the child. In Troxel, the grandparents of the deceased father filed a petition for visitation. It should be noted that the mother of the child did not object to visitation in principle, but rather, to the frequency and duration of the visitation requested.
The Supreme Court's Holding in Troxel
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The Supreme Court held that grandparents may not obtain visitation with a grandchild over a parent's objection. The court went on to comment that there is a fundamental right of a parent to raise her child in a manner she deemed fit, and that she should not be second-guessed absent a serious deficiency in her relationship with the child.
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Only in the Event of a Breakdown
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Based on Troxel, states generally have drafted visitation statutes that allow grandparents to petition a court for visitation (and possibly custody) only in circumstances where there has been a serious breakdown in the relationship of the child with his natural parents. Breakdowns sufficient to allow petition include events such as parents being deemed incompetent, parental death, incarceration of a parent, or in cases of abuse and neglect. While specifics will vary from state to state, the overall intent of Troxel is clear: So long as the natural parents are alive and competent, they have exclusive say as to visitation and custody of their child.
Additional Restrictions
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Even if there is a breakdown, it should be noted that many states terminate grandparent visitation rights upon adoption of the child, or in some cases upon termination of a parent's rights. Taken as a whole, the restrictions applied to grandparents are significant. While the law varies from state to state, some states will allow grandparents to petition for custody in the aftermath of a breakdown (such as Texas) while others will not allow custody petitions under any circumstance.
A Grandparent's Woe
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Clearly, grandparents have little basis upon which to obtain court-ordered visitation. Based on the state of the law, grandparents will find that the best option is to cultivate a healthy relationship with the natural parent to keep lines of communication to the grandchildren open.
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