Grandparents Rights in Each State

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.