Categories: Grandparents Rights

Is your state restrictive or permissive when it comes to grandparents visitation rights?

Published by
neil

One important aspect when it comes to the grandparents visitation rights is whether the state you live in is “restrictive” or “permissive” when it comes to the rights you have to see your grandchildren.

All 50 states currently have some type of grandparent visitation rights statute through which grandparents can ask a court to grant them the legal right to maintain their relationships with their grandchildren. But individual state laws vary greatly when it comes to the crucial details, such as who can visit and under what circumstances.

Resources like The Custody Center can be crucial in figuring out what the grandparents visitation rights laws are specific to YOUR state, as they can provide supplements to the legal material they give you which lets you know the way your state handles these issues. Otherwise, you could spend hundreds of dollars for an attorney to tell you information that is already accessible to you.

Approximately twenty US states have restrictive grandparents visitation rights statutes, meaning that generally grandparents can get a court order for visitation only if the child’s parents are divorcing or if one or both parents have died.

However, other states have more permissive grandparents visitation rights laws that allow courts to consider a visitation request even without the death of a parent or the dissolution of the family, so long as visitation would serve the best interests of the child.

Unfortunately in a restrictive state, even divorced parents who agree about preventing grandparent visitation have the right to keep the grandparents away.

However, restrictive and permissive visitation statutes have been challenged in court by parents who argue that the laws are an infringement on parents’ rights to raise their children as they see fit.

The courts in turn have made contradictory rulings. It is best to know going in where your state stands on the issues of grandparents visitation rights.

Resources:

Senior Today, What are your state’s grandparents visitation rights?

The Custody Center

neil

Recent Posts

It’s All About the Child

When the debate over grandparents' rights drowns out the child's voice, something has gone wrong.…

3 days ago

When Grandparents Become Parents Again

Nearly 2 million grandparents are raising grandchildren in the U.S. today. This updated guide covers…

2 weeks ago

Changing the Only Thing We Can Change

As caring grandparents, we live in both a precarious and a powerful position. The grandparents…

2 weeks ago

Wait… I’m the Grandparent?

Becoming a grandparent young does not mean life slows down. This heartfelt Grandparents Day story…

3 weeks ago

The Grandparenting Lesson Behind a 1.9 Million View TikTok

One honest answer on a podcast earned 1.9 million TikTok views. Neil Taft explains why…

4 weeks ago

Those Grandparents Making a Difference

Twenty years of grandparenting work has introduced Neil to a community of people doing the…

1 month ago