Petition for Grandparents' Rights

Most states allow visitation rights to grandparents when parents object only after divorce or death.

The majority of U.S. state courts allow grandparents visitation rights over objecting parents only in limited circumstances. Most states allow grandparents access to visit their grandchildren when the parents are separated, divorced or the parent has passed away.

Significance

The U.S. Supreme Court, in a landmark case held that a Washington statute allowing visitation in these circumstances violated parents' constitutional due process rights to decide what was in their children's best interests (see, Troxel v. Granville).

Features

Grandparents who are seeking visitation rights must petition the state's family law court to request it. If the child's parents are divorced, the court may allow it if it is within the child's best interests. The court may consider parental wishes and whether the grandparents have attempted to have a meaningful relationship with their grandchildren.

Considerations

Courts will not allow visitation for natural grandparents of a child who was legally adopted. If the child was born out of wedlock, then courts may consider public policy issues when awarding visitation. If the grandparents are paternal grandparents and the child's father has never established paternity, then most courts will not grant visitation. After formal legitimization and a child support order, the court may award it.

References

• Nolo.com: Grandparent and Caretaker Visitation
• Office of Code Revision Indiana Legislative Services Agency: Chapter 5 - Grandparent's Visitation

Resources

• Resource AARP: Grandparenting Relationships Article