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Grandparents Rights in Each State

Grandparents rights refer to the rights grandparents may have to continue visitation with their grandchild. Each state has different grandparents rights laws that govern what rights a grandparent has and when they can claim them.

If you are a parent facing legal threats from grandparents or a grandparent wanting to exercise grandparents rights, we suggest studying the grandparents rights laws of your state and talking to a lawyer. This article is meant as a general overview of the grandparents rights laws of each state.

Contents show
Grandparents Rights in All 50 States
Grandparents Rights in Alabama
Grandparents Rights in Alaska
Grandparents Rights in Arizona
Grandparents Rights in Arkansas
Grandparents Rights in California
Grandparents Rights in Colorado
Grandparents Rights in Connecticut
Grandparents Rights in Delaware
Grandparents Rights in Florida
Grandparents Rights in Georgia
Grandparents Rights in Hawaii
Grandparents Rights in Idaho
Grandparents Rights in Illinois
Grandparents Rights in Indiana
Grandparents Rights in Iowa
Grandparents Rights in Kansas
Grandparents Rights in Kentucky
Grandparents Rights in Louisiana
Grandparents Rights in Maine
Grandparents Rights in Maryland
Grandparents Rights in Massachusetts
Grandparents Rights in Michigan
Grandparents Rights in Minnesota
Grandparents Rights in Mississippi
Grandparents Rights in Missouri
Grandparents Rights in Montana
Grandparents Rights in Nebraska
Grandparents Rights in Nevada
Grandparents Rights in New Hampshire
Grandparents Rights in New Jersey
Grandparents Rights in New Mexico
Grandparents Rights in New York
Grandparents Rights in North Carolina
Grandparents Rights in North Dakota
Grandparents Rights in Ohio
Grandparents Rights in Oklahoma
Grandparents Rights in Oregon
Grandparents Rights in Pennsylvania
Grandparents Rights in Rhode Island
Grandparents Rights in South Carolina
Grandparents Rights in South Dakota
Grandparents Rights in Tennessee
Grandparents Rights in Texas
Grandparents Rights in Utah
Grandparents Rights in Vermont
Grandparents Rights in Virginia
Grandparents Rights in Washington
Grandparents Rights in West Virginia
Grandparents Rights in Wisconsin
Grandparents Rights in Wyoming


Grandparents Rights in All 50 States

Below is a concise overview of grandparents rights in each state. This information is general in nature, and we recommend looking into grandparents rights in your state if you want more information.


Grandparents Rights in Alabama

In order to gain visitation rights, it must be in the best interest of the child. The court will consider grandparents rights cases if the following circumstances exist:

    • Deceased parents
    • One of the parents has abandoned their child
    • The parents are separated or divorced
    • The child was born to unmarried parents
    • One or both of the child’s parents are preventing visits with the grandchild


Grandparents Rights in Alaska

Grandparents rights will only be considered in the following circumstances in Alaska:

    • Both parents have died
    • The child is being removed from their home (grandparents rights filed as part of the child placement action)
    • The parents are separated or divorced (grandparents rights filed as part of the divorce or separation action)

If the child is adopted, then grandparents rights will be terminated unless otherwise stated in the adoption decree.


Grandparents Rights in Arizona

Arizona only considers grandparents rights in the following circumstances:

    • The child was born to unmarried parents
    • The parents of the child have been separated or divorced for at least 3 months.

If the child is adopted, then grandparents rights will be terminated unless the child is adopted by a stepparent.


Grandparents Rights in Arkansas

In order to gain visitation or custody rights, it must be in the best interest of the child. The court will consider grandparents rights cases if the following circumstances exist:

    • The parents are separated or divorced
    • The child was born to unmarried parents
    • The child lives with neither parent
    • The child has lived with the grandparent seeking rights

If the child is adopted, then grandparents rights will be terminated.


Grandparents Rights in California

In order to gain visitation rights, it must be in the best interest of the child, and there must be an existing relationship between the grandparents and grandchild. The court will consider grandparents rights cases if the following circumstances exist:

    • Deceased parents
    • One of the parents has disappeared and can’t be found
    • The parents are separated or divorced
    • The child is living with someone other than their parents

If the child is adopted, grandparents rights will not necessarily be terminated.


Grandparents Rights in Colorado

Colorado only considers grandparents rights in the following circumstances:

    • The child’s parent the grandparent is related to is deceased
    • The parents of the child have been separated or divorced
    • The child was living with the grandparent, but the child’s parent or parents took the child away
    • The parent has lost legal custody, and the child is living with someone else.

If the child is adopted, then grandparents rights will be terminated unless the child is adopted by a stepparent.


Grandparents Rights in Connecticut

In order to gain visitation rights in Connecticut, it must be in the best interest of the child.

If the child is adopted, grandparents rights are not necessarily terminated.

Grandparents Rights in Delaware

In order to gain visitation rights in Delaware, it must be in the best interest of the child.

If the child is adopted, grandparents rights are automatically terminated.


Grandparents Rights in Florida

In order to gain visitation rights in Florida, it must be in the best interest of the child. The court will consider grandparents rights cases if the following circumstances exist:

    • The parents are separated or divorced
    • The child was born to unmarried parents
    • One or both parents have abandoned the child.


Grandparents Rights in Georgia

Georgia only considers grandparents rights if it is in the best interests of the child and a lawsuit or action is pending for the following circumstances:

    • Divorce or separation proceedings between the parents of the child
    • One or both parents are having parental rights revoked
    • Custody disputes or visitation rights disputes between parents

If the child is adopted, then grandparents rights will be terminated unless the child is adopted by a stepparent or biological relative.


Grandparents Rights in Hawaii

In Hawaii, the court does not only take into account what is in the best interest of the child, but if the child is old enough, they will get to express their wishes in the grandparents rights case.

If the child is adopted, then grandparents rights will be automatically terminated.


Grandparents Rights in Idaho

In order to gain visitation rights in Idaho, it must be in the best interest of the child.

If the child is adopted, grandparents rights are automatically terminated.


Grandparents Rights in Illinois

In order to gain visitation rights in Illinois, it must be in the best interest of the child. Grandparents rights can only be granted if the court believes the parents’ denial of visitation is unreasonable; otherwise, the parents’ wishes will be respected.


Grandparents Rights in Indiana

In order to gain visitation rights, it must be in the best interest of the child, and there must be an existing meaningful and sustained relationship between the grandparents and grandchild. The court will consider grandparents rights cases if the following circumstances exist:

    • Deceased parents
    • The child was born to unmarried parents
    • The parents are separated or divorced

If the child is adopted, grandparents rights will be terminated unless the child is adopted by a biological relative or stepparent.


Grandparents Rights in Iowa

Iowa grandparents rights are unclear as the state Supreme Court has said that it considers the law unconstitutional but has yet to change the grandparents rights laws. Currently, the court will consider the best interests of the child and the impact granting grandparents rights will have on the relationship between both parents.


Grandparents Rights in Kansas

Kansas may award grandparents rights to visitation when dealing with child custody cases.

If the child is adopted, grandparents rights will be terminated unless the child is adopted by a stepparent.


Grandparents Rights in Kentucky

Kentucky will award grandparents rights in the same way they may award rights to a non-custodial parent. The child’s parent that the grandparent is related to must be deceased, and the grandparent must have stepped up to provide child support. If this is the case, then visitation rights similar to those of a non-custodial parent may be granted.

If the child is adopted, grandparents rights will be terminated unless the child is adopted by a stepparent.


Grandparents Rights in Louisiana

In order to gain visitation rights in Louisiana, it must be in the best interest of the child. The court will consider grandparents rights cases if the following circumstances exist:

    • A parent is dead
    • A parent is declared unfit to care for the child

If the child is adopted, grandparents rights will be terminated unless the child is adopted by a stepparent.


Grandparents Rights in Maine

When considering grandparents rights, Maine courts will consider the best interests of the child and the impact granting grandparents rights will have on the relationship between the child and both parents.

If the child is adopted, grandparents rights will be terminated.


Grandparents Rights in Maryland

In order to gain visitation rights in Maryland, it must be in the best interest of the child.

If the child is adopted, grandparents rights are automatically terminated.


Grandparents Rights in Massachusetts

In order to gain visitation rights, it must be in the best interest of the child. The court will consider grandparents rights cases if the following circumstances exist:

    • Deceased parents
    • The child was born to unmarried parents
    • The parents are separated or divorced

If the child is adopted, grandparents rights will be terminated unless the child is adopted by a stepparent.


Grandparents Rights in Michigan

The court will consider grandparents rights cases if the following circumstances exist:

    • The child is placed in the custody of another person
    • The parents are separated or divorced

If the child is adopted, grandparents rights will be terminated unless the child is adopted by a stepparent.


Grandparents Rights in Minnesota

The court will consider grandparents rights cases if the following circumstances exist:

    • One of the child’s parents die
    • The parents are undergoing divorce, separation, or annulment proceedings
    • Paternity is in question, and there are legal proceedings involved

If the child is adopted, grandparents rights will be terminated unless the child is adopted by another grandparent or a stepparent.


Grandparents Rights in Mississippi

In order to gain visitation rights, it must be in the best interest of the child. A child over the age of 12 will be able to weigh in on who they wish to have custody of them. The court will consider grandparents rights cases if the following circumstances exist:

    • Deceased parents
    • One or both parents have their parental rights terminated

The court will also require evidence of the relationship between the grandparent and grandchild to make their decision.

If the child is adopted, grandparents rights will be terminated unless the child is adopted by a blood relative or a stepparent.


Grandparents Rights in Missouri

The court will consider grandparents rights cases if the following circumstances exist:

    • The parents have filed for divorce
    • One or both parents have unreasonably denied visitation and communication with the grandchild for 90 days or more
    • One parents is dead, and the surviving parent unreasonably denies visitation and communication with the grandchild

If the child is adopted, grandparents rights will be terminated unless the child is adopted by another grandparent, a blood relative or a stepparent.


Grandparents Rights in Montana

In order to gain visitation rights in Montana, it must be in the best interest of the child.

If the child is adopted, grandparents rights are automatically terminated unless the child is adopted by another grandparent or a stepparent.


Grandparents Rights in Nebraska

In order to gain visitation rights, it must be in the best interest of the child and there must be an existing important and beneficial relationship between the grandparents and grandchild. The court will consider grandparents rights cases if the following circumstances exist:

    • Deceased parents
    • The child was born to unmarried parents
    • The parents are separated or divorced or in the midst of proceedings

The court will not grant grandparents rights if they will interfere with the relationship between the child and their parent.

If the child is adopted, grandparents rights are automatically terminated.


Grandparents Rights in Nevada

The court will consider grandparents rights cases if the following circumstances exist:

    • Deceased parents
    • The parents are separated or divorced
    • One or both parents have their parental rights terminated

The court will only consider granting grandparents rights if one parent has unreasonably denied visitation. If both parents agree on visitation restrictions, the court will assume that the decision was made for the best interests of the child.

If the child is adopted, grandparents rights are automatically terminated unless the court grants visitation rights prior to the termination of parental rights.


Grandparents Rights in New Hampshire

The court will consider grandparents rights cases if the following circumstances exist:

    • Deceased parents
    • One of the parents has their parental rights terminated
    • The child was born to unmarried parents
    • The parents are separated or divorced or in the midst of proceedings

If the child is adopted, grandparents rights are automatically terminated.


Grandparents Rights in New Jersey

New Jersey may award grandparents rights to visitation if it is in the best interest of the child.

If the child is adopted, grandparents rights will be terminated unless the child is adopted by a stepparent.


Grandparents Rights in New Mexico

The court will consider grandparents rights cases if the following circumstances exist:

    • Deceased parents
    • The parents are separated or divorced
    • The child (if younger than 6) has lived with the grandparent for 3 months or more and then was removed
    • The child (if older than 6) has lived with the grandparent for 6 months or more and then was removed

If the child is adopted, grandparents rights are automatically terminated unless the child is adopted to a will-designated guardian, godparent, stepparent, or biological relative to the child.


Grandparents Rights in New York

In order to gain visitation rights, it must be in the best interest of the child. The court will consider grandparents rights cases if the following circumstances exist:

    • One or both parents is deceased
    • If the court believes there are unreasonable or unfair circumstances that need to be rectified

If the child is adopted, grandparents rights will not necessarily be terminated.


Grandparents Rights in North Carolina

North Carolina may award grandparents rights to visitation or custody if it is in the best interest of the child, and the grandparent can prove they have an existing substantial and meaningful relationship with the child.

If the child is adopted, grandparents rights will be terminated unless the child is adopted by a biological relative or a stepparent.

Grandparents Rights in North Dakota

North Carolina may award grandparents rights to visitation or custody if it is in the best interest of the child. The court will consider the relationship between the child and their parents and the child and their grandparents when making a decision.

If the child is adopted, grandparents rights will be terminated unless the court grants grandparents rights before the adoption.


Grandparents Rights in Ohio

In Ohio, grandparents must show proof that they have an interest in the welfare of their grandchild before seeking grandparents rights. The court will consider grandparents rights cases if the following circumstances exist:

    • Deceased parents
    • The child was born to unmarried parents
    • The parents are separated or divorced or in the midst of proceedings to terminate or annul their marriage

If the child is adopted, grandparents rights are automatically terminated unless the child is adopted by a stepparent.


Grandparents Rights in Oklahoma

In order to gain visitation rights, it must be in the best interest of the child. There are special rules when the child is born out of wedlock.

If the child is adopted, grandparents rights are automatically terminated.


Grandparents Rights in Oregon

When determining whether to grant grandparents rights, the court will look at the relationship between the child and the grandparent and the child and their parent.

If the child is adopted, grandparents rights are automatically terminated.


Grandparents Rights in Pennsylvania

Grandparents rights may be granted in Pennsylvania if it is in the child’s best interests, there is sufficient contact between the grandchild and grandparents, and if the grandparents rights will not interfere in the relationship between the child and their parent.

The court will consider grandparents rights in the following circumstances:

    • The parents have been separated or divorced for at least 6 months
    • One or both of the parents are deceased
    • The child has lived with the grandparent for 12 months or more

If the child is adopted, grandparents rights will be terminated unless the child is adopted by another grandparent or a stepparent.


Grandparents Rights in Rhode Island

Grandparents rights may be granted in Rhode Island if it is in the child’s best interests and there is a good relationship between the grandchild and grandparents.

The court will consider grandparents rights in the following circumstances:

    • The parents have been separated or divorced
    • One or both of the parents are deceased

If the child is adopted, grandparents rights will be terminated.


Grandparents Rights in South Carolina

Grandparents rights may be granted in South Carolina if it is in the child’s best interests. The court will consider the relationship between the grandparent and the child and the child and their parent.

The court will consider grandparents rights in the following circumstances:

    • The parents have been separated or divorced
    • One or both of the parents are deceased

If the child is adopted, grandparents rights will be terminated.


Grandparents Rights in South Dakota

The court will consider grandparents rights in the following circumstances:

    • The parents have been separated or divorced
    • One or both of the parents are deceased

If the child is adopted, grandparents rights will be terminated unless the child is adopted by another grandparent or a stepparent.


Grandparents Rights in Tennessee

In order to gain visitation rights, it must be in the best interest of the child. The court will consider grandparents rights cases if the following circumstances exist:

    • Deceased parents
    • One of the parents has disappeared for six months or more
    • The parents are separated or divorced
    • The child was born to unmarried parents
    • The child lived with their grandparents previously for a period of 12 months or more
    • Grandparents rights were granted in another state

If the child is adopted, grandparents rights will automatically be terminated.


Grandparents Rights in Texas

In order to gain visitation rights, it must be in the best interest of the child. The court will consider grandparents rights cases if the following circumstances exist:

    • Deceased parents
    • One or both parents have their parental rights terminated
    • One or both of the parents are incarcerated
    • One or both of the parents were declared legally incompetent
    • Cases of child abuse or neglect
    • The grandchild lived with the grandparent for 6 months or more in the last 2 years

The court will also require evidence of the relationship between the grandparent and grandchild to make their decision.

If the child is adopted, grandparents rights will be terminated unless the child is adopted by a stepparent.

Grandparents Rights in Utah

The court will consider grandparents rights in the following circumstances:

    • The parents have been separated or divorced
    • One or both of the parents are deceased

If the child is adopted, grandparents rights will be terminated.


Grandparents Rights in Vermont

The court will consider grandparents rights in the following circumstances:

    • One or both parent has been declared legally incompetent
    • One or both of the parents are deceased
    • The child was abandoned

If the child is adopted, grandparents rights will be terminated unless the child is adopted by a blood relative or a stepparent.


Grandparents Rights in Virginia

Grandparents rights will be considered during divorce or separation proceedings for the child’s parents.

If the child is adopted, grandparents rights will be terminated.


Grandparents Rights in Washington

Washington does not permit grandparents rights. If both parents are declared unfit to be parents or the child is removed from their custody, then the grandparents can seek custody.


Grandparents Rights in West Virginia

In order to gain visitation rights, it must be in the best interest of the child. The court will consider grandparents rights cases if the following circumstances exist:

    • Deceased parents
    • The grandparent has had reasonable visitation requests denied by the parents
    • The grandchild lived with the grandparent, but the parent took the child away

If the child is adopted, grandparents rights will be terminated.


Grandparents Rights in Wisconsin

In order to gain visitation rights, it must be in the best interest of the child. If the parent or parents are deceased, then the court will be more likely to permit grandparents rights.

The court will also require evidence of the relationship between the grandparent and grandchild to make their decision.

If the child is adopted, grandparents rights will be terminated unless the child is adopted by a stepparent.


Grandparents Rights in Wyoming

In order to gain visitation rights, it must be in the best interest of the child. The court will also require evidence of the relationship between the grandparent and grandchild to make their decision. If the grandparents rights infringe upon parental rights, they are unlikely to be granted.

If the child is adopted, grandparents rights will be terminated.

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