It’s also important to know that the states differ on the extent to which parents have a right to control grandparent visitation. Some states focus on what is in the “best interest of the child” in making decisions about whether or not to allow grandparents to visit.
In these states, even unrelated caretakers can often petition for visitation rights, so certainly grandparents can seek visitation even in cases where the family is intact (i.e., there has not been a divorce or a death in the family). In these states, courts may award grandparents visitation rights even if the parents object.
Other states have more “restrictive” visitation statutes, meaning that generally only grandparents, not other caretakers, have visitation rights, and these rights may be pursued only if the child’s parents are divorcing, one or both parents have died, or the child was born out of wedlock.
Resources like The Custody Center can give you information on your specific state laws as well as an overall background so that you know how to pursue you grandparent visitation rights if you have to, or are at least informed about grandparents visitation rights laws so that you can make wise choices.
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