One of the most perplexing problems with grandparents rights is that they vary greatly depending upon what state court system you are dealing with.
At the most basic level, all states require grandparents to prove that the visits they seek are in the best interest of the grandchild. This generally means grandparents must show that their visits won’t be harmful in any way, and that they aren’t abusive or otherwise dangerous to the child. Beyond this initial hurdle, each state has a different threshold for when it will allow grandparents to take a case to court.
Some states are more permissive when it comes to filing for visitation. Connecticut, Hawaii, Idaho, Kentucky, Maryland and New York require only the ground rule mentioned above — that visitation is in the best interest of the child — before grandparents can take a case to court.
Other states set more stringent requirements allowing grandparents to file a suit only if they were denied visitation altogether. Under current laws in Alabama, Florida, Iowa, Mississippi, Oregon, Rhode Island and Utah, grandparents don’t have a case if parents permit them to see their grandchildren — no matter how infrequently. In Minnesota and Pennsylvania, grandparents cannot make a legal case unless their grandchildren previously lived with them.
These laws are constantly changing. There are grandparents rights cases being decided all the time. You can use this website and other online resources to keep up with the laws. You can also get a copy of my book No Greater Loss which examines grandparents rights in general and gives you a lot of very specific ideas about what you want to do if you have to head to court.
