State by State Grandparents Guide to Custody and Visitation
Most grandparents cherish the time they are able to spend with their grandchildren and find the building and maintaining of those relationships vitally important. In nearly all 50 states, grandparents have certain rights concerning seeking custody or visitation with their grandchild when circumstances otherwise get in the way. However, those rights are often not as robust or cohesive as most grandparents wish or expect them to be. Grandparents' visitation and custody rights are a matter of state law because the United States Constitution does not address family law. Since lawmakers in each state approach family law differently, there is little to no uniformity in these laws from state to state. For this reason, it is important to consult an attorney licensed in the state where the child lives with concerns about issues related to child custody and visitation. This guide provides a brief overview of the laws relevant to grandparent visitation and custody in each of the 50 states. For more information about issues surrounding custody and visitation rights for grandparents, please see The Grandparent's Guide to Custody and Visitation.
Custody Vs. Visitation
Although the terms "custody" and "visitation" are often used interchangeably, they refer to two different sorts of legal rights, both concerning who has contact with children. Custody is a broad term that refers to either legal or physical custody while visitation refers to time actually spent with the child.
Physical and legal custody
When parents separate or divorce, the term "custody" serves as shorthand for "who lives with and cares for the children" under the ensuing divorce agreement or child custody agreement. Custody is split into two types: physical custody and legal custody.
Physical custody is one of the most commonly understood forms of child custody. If someone has been granted physical custody of a child by a court, that person has the right to have the child live with them. A person with physical custody of a child is responsible for providing care to the child on a daily basis.
Legal custody refers to decision-making power when it comes to raising a child. This legal right encompasses making decisions related to schooling, religious education, healthcare, and other important decisions related to how a child will be reared. Legal custody can be shared between parents or given to only one parent.
In most child custody cases, legal custody is awarded to both parents unless it is shown that one parent is somehow unfit or incapable of making decisions about the child's upbringing. A history of drug abuse, domestic violence, or child neglect would play a role in this decision, which is focused on what's best for the child.
How Courts Determine Custody and Visitation
Courts grant custody or visitation to grandparents only when certain conditions described in the relevant state laws are met. Conditions for a grandparent to attain custody differ from those conditions required for them to attain visitation rights. A grandparent should be familiar with the conditions for either custody or visitation in their particular state before determining whether to file in court to request that those rights be granted. Courts tend to focus on what is in the best interests of the child but also often honor parents wishes about who they would like to have custody of their children after they pass away if they make those wishes known in their Last Will. The specific factors considered under the best interests of the child standard are often different from state to state, or even court to court. For more information about how courts handle custody determinations, please see the other guides on this website, including The Grandparent's Guide to Custody and Visitation, Cataloguing Custody: Forms of Custody Arrangements and how to Use them, and Who Gets the Kids: Creating and Modifying Child Custody Agreements.
All 50 states have laws governing if and when grandparents may seek visitation or custody with their grandchildren, and each state defines the principles guiding those decisions differently. However, all of the state laws regarding grandparent visitation continue to be affected by recent federal and state court decisions. Grandparents who wish to attain custody or visitation rights for their grandchildren should check the current status of state legislation in the state(s) where they and/or their grandchildren reside.
State by State Grandparent Custody and Visitation Rights Overview
Since custody and visitation statutes are different state by state, there are different considerations that grandparents should be aware of depending on what state court they are dealing with. Here is a brief overview of each state's laws concerning custody and visitation rights for grandparents, as well as how those rights are affected by adoption.
Alabama
As of 2003, according to Alabama statute, a court may grant visitation to a grandparent if visitation is deemed to be in the child's best interest and one or both of the child's parents are deceased, the parents' marriage has been dissolved, the child has been abandoned by their parent, the child was born out of wedlock, or the child lives with both biological parents, but one or both of the parents has prevented the grandparent from visiting the child. The state's custody statute explains that the court must consider the moral character of the parents and the age and sex of the child to determine the best interests of the child in making a custody determination.
Alaska
Determination of the grandparent visitation rights must be made in an action for divorce, separation, or child placement action, or when both parents have died. Adoption cuts off the visitation rights of grandparents unless the adoption decree provides that there will be visitation between the child and their biological relatives.
Arizona
A court may award visitation rights if the child's parents' marriage has been dissolved for at least three months or the child was born out of wedlock. If the child is adopted into another family, the grandparents' visitation rights are cut off unless the adoption is granted to a step-parent.
Arkansas
The custody statute requires that the court grant custody "without regard to the sex of the parent but solely in accordance with the welfare and best interest of the child." Conditions for grandparent visitation rights include circumstances where the grandchild has been residing with the grandparent, the child's parents are divorced, the child is in the custody of someone other than a parent, or the child was born out of wedlock. Adoption cuts off all visitation rights of the biological grandparents.
California
Conditions for grandparent visitation rights include a determination of whether a parent is deceased, the child's parents' marriage has been dissolved or separated, the whereabouts of one or both of the child's parents are unknown, or the child is not residing with either parent. In addition to determining that visitation is in the child's best interests, the court must find that the grandparent has a preexisting and well-established relationship with the grandchild. Adoption does not automatically cut off the visitation rights of grandparents. California courts also try to balance grandparent visitation with the parents' rights. If both parents agree that the court should not grant visitation to a grandparent, the court will then presume that visitation is not in the child's best interest. The grandparent seeking visitation will then have to counter that presumption by demonstrating that the parents are unfit.
Colorado
A court may award visitation rights if the child's parents' marriage has been dissolved, legal custody of the child has been awarded to a third party, the child has been removed from their home by either of their parents, or the grandparent is the parent of a deceased parent of the child. Adoption cuts off the visitation rights of the grandparents unless the adoption is granted to a step-parent.
Connecticut
A court may award visitation rights to a grandparent if visitation is in the child's best interest. Adoption does not automatically cut off the visitation rights of grandparents.
Delaware
A court can award visitation rights to a grandparent if they determine that visitation is in the child's best interest. Adoption cuts off all of the grandparent's visitation rights.
Florida
Recently, the Florida Supreme Court ruled that application of some of the provisions of the Florida statute providing grandparental visitation rights has been unconstitutional. Under the remaining statute, Florida courts may award visitation to a grandparent when visitation is in the best interest of the child and either the child's parents' marriage has been dissolved, a parent has deserted the child, or the child was born out of wedlock.
Georgia
The Georgia custody statute does not specify the factors that the court should consider when determining the best interest of the child, though determining what is in the best interest of the child and then acting accordingly is always the goal. A court may award visitation rights if an action is pending where there is an issue involving the custody of a minor child, divorce of the child's parents, termination of a parent's parental rights, or visitation rights. Adoption cuts off the visitation rights of the grandparents unless the adoption is granted to a step-parent or a biological relative of the child.
Hawaii
When it comes to making a custody or visitation determination, the Hawaii custody statute requires the court to take into account and consider both the child's wishes, if the child is old enough and has sufficient capacity to reason, and any evidence of domestic violence. There is no concrete guideline for when a child is old enough, so the courts make those determinations on a case by case basis. However, the older a child is, the more likely a court is to take their wishes into account. A court may award visitation rights if Hawaii is the home state of the child at the time visitation is requested and visitation is in the best interest of the child. Adoption cuts off all visitation rights of grandparents.
Idaho
A court may award visitation rights to a grandparent if visitation is in the child's best interests. Adoption cuts off all visitation rights of grandparents.
Illinois
In 2002, the Illinois Supreme Court ruled that the Illinois Grandparent Visitation Act violates the Illinois State Constitution. A new visitation statute was passed and became effective on January 1, 2005. Under the new statute, a court can grant visitation to a grandparent if it is in the best interest of the child and the grandparent has been unreasonably denied visitation to the child. A court may not grant visitation to a grandparent if both of the child's parents object to the visitation.
Indiana
A court may award visitation rights if either of the child's parents is deceased, the child's parents' marriage has been terminated, or the child was born out of wedlock. In addition to considering whether visitation is in the child's best interest, the grandparent must show that they have, or attempted to have, meaningful and sustained contact with the grandchild. Adoption cuts off the visitation rights of the grandparents unless the adoption is granted to a step-parent or biological relative of the child.
Iowa
The Iowa custody statute requires courts to consider the best interest of the child that will provide the "maximum continuing physical and emotional contact with both parents." The Iowa Supreme Court has ruled on more than one occasion that Iowa statute providing grandparental visitation is unconstitutional. However, the Iowa legislature, as of 2020, has not adopted an alternative statute.
Kansas
In Kansas, a court may award visitation rights to a grandparent in a custody order. Adoption cuts off the visitation rights of grandparents unless the grandparent is the parent of a deceased parent of the child and the surviving parent's spouse adopts the child.
Kentucky
According to Kentucky statute, a court may award visitation rights to a grandparent if visitation would be in the child's best interest. A court may award a grandparent the same visitation rights as they would award a parent who does not have custodial rights to the child. This only applies if the grandparent's child is deceased and the grandparent has provided child support to the grandchild. Adoption cuts off the visitation rights of grandparents unless the adoption is granted to a step-parent and the grandparent's child has not had his or her parental rights terminated.
Louisiana
In Louisiana, a court may award visitation rights to a grandparent if the child's parent is deceased or declared legally incompetent or unfit, the grandparent seeking visitation is the parent of the deceased or incompetent parent to the grandchild, and visitation is deemed to be in the best interest of the child. Adoption cuts off the visitation rights of grandparents except in instances where the grandparents are the parents of a deceased party to the marriage or the parents of a party who has forfeited his or her rights to object to the child's adoption.
Maine
A Maine court may award visitation rights if at least one of the child's parents is deceased, visitation is deemed to be in the child's best interest, and visitation would not interfere significantly with the relationship between the child and their living parent. Adoption automatically cuts off all grandparental visitation rights.
Maryland
The Maryland custody statute does not provide a comprehensive list of factors that their courts consider when determining what is in the best interest of the child. However, some factors have been set forth in relevant case law. A court may award visitation rights to a grandparent if visitation is in the child's best interest. Adoption automatically cuts off all grandparental visitation rights.
Massachusetts
The Massachusetts custody statute does not provide a list of factors for determining the best interest of the child. A court may award visitation rights to a grandparent if the child's parents' marriage is terminated, the parents are separated, one of the parents is deceased, or the child was born out of wedlock and paternity has been formally established. Adoption cuts off the visitation rights of grandparents unless the adoption is granted to a step-parent.
Michigan
A court may award visitation rights to a grandparent if the child's parents' marriage is terminated, the parents separate, or custody of the child is given to a third party other than the child's parents. Adoption cuts off the visitation rights of grandparents unless the adoption is granted to a step-parent.
Minnesota
A Minnesota court can award visitation to a grandparent if the child's parent is deceased and the grandparent is the parent of the deceased parent of the grandchild. Visitation may also be granted during or after divorce, custody, separation, annulment, or paternity proceedings. Adoption cuts off the visitation rights of grandparents unless the adoption is granted to a step-parent or another grandparent.
Mississippi
The Mississippi custody statute does not provide a comprehensive list of factors that courts consider when determining the best interest of the child. However, if the child is at least 12 years old, they may choose who takes custody. Conditions for grandparent visitation rights include the court making a determination of whether one of the child's parents is deceased or a parent has had their parental rights terminated. The court must also consider the relationship between the grandparent and grandchild. Adoption cuts off the visitation rights of grandparents unless the adoption is granted to a step-parent or a blood relative.
Missouri
In Missouri, courts can award visitation to a grandparent if the child's parents have filed for divorce, one parent is deceased and the living parent has unreasonably blocked the grandparent's visitation and relationship with the grandchild, or the parent or parents have unreasonably blocked the grandparent's visitation with the grandchild for longer than 90 days. Adoption cuts off the visitation rights of a grandparent unless the adoption is granted to a step-parent, another grandparent, or a blood relative.
Montana
Montana courts can award visitation rights to a grandparent if the court finds that visitation is in the child's best interest. Adoption cuts off the visitation rights of grandparents unless adoption is granted to a step-parent or another grandparent.
Nebraska
In Nebraska, a court can award visitation to a grandparent if at least one parent is deceased, the parents' marriage has been dissolved, a petition for a dissolution of the parents' marriage has been filed, or the child was born out of wedlock and paternity has been formally established. Further, grandparents must demonstrate that an important and beneficial relationship already exists between themselves and their grandchild and that visitation is in the child's best interest. Visitation cannot unduly interfere with the relationship between the parent and child. Adoption cuts off all visitation rights of the grandparents.
Nevada
Nevada courts can award visitation to a grandparent if the child's parents are deceased, the child's parents are divorced or separated, or one of the child's parents has had their parental rights terminated. Further, the child's parents must have unreasonably restricted visitation between the grandparent and grandchild before a court can award visitation to a grandparent. If a child's parents have denied or restricted access to a grandparent, the court presumes that visitation is not in the child's best interest. The grandparent must then address that presumption by demonstrating that the restriction is unreasonable. Adoption cuts off all grandparental visitation rights unless grandparents request visitation before the termination of the parental rights of the child's parents.
New Hampshire
According to New Hampshire statute, a court may award visitation rights to a grandparent if the child's parents are divorced or have filed for divorce, one of the child's parents is deceased, one of the parents has had their parental rights terminated, or the child was born out of wedlock and the child's paternity has been formally established. Adoption cuts off all rights of grandparents.
New Jersey
In New Jersey, a court may grant visitation rights if visitation is deemed to be in the child's best interest. Adoption cuts off all grandparental rights unless the adoption is granted to a step-parent.
New Mexico
New Mexico courts will consider granting visitation rights to a grandparent if the child's parents are divorced, separated, or deceased. Visitation rights may also be granted if the child is older than six years old, has lived with their grandparent for longer than six months, and was subsequently removed from the grandparent's home. If the child is younger than six years old, this same situation applies but the residency requirement is reduced to only three months. Adoption cuts off grandparental rights unless the adoption is granted to a step-parent, blood relative of the child, a caretaker designated by the deceased parent's will, or a person who sponsored the child at a baptism or confirmation.
New York
The New York custody statute does not provide a list of factors for determining what is in the best interest of the child. However, a court may grant visitation rights to a grandparent if at least one of the child's parents is deceased or if the court finds that equity and fairness demand intervention based on the circumstances of the case. Adoption does not automatically cut off the visitation rights of grandparents. Note that in 2001, a New York appeals court ruled that the New York statute granting grandparental visitation rights is unconstitutional, but that statute has not yet been replaced by the New York state legislature.
North Carolina
The North Carolina custody statute does not provide a specific list of factors that courts use to determine what is in the best interest of the child. A court may grant visitation rights as part of an order determining custody of the child. Adoption cuts off the visitation rights of grandparents unless adoption is granted to a step-parent or blood relative of the child, as long as the grandparent can prove that there is a meaningful and substantial relationship that exists between the grandparent and grandchild.
North Dakota
In North Dakota, a court must grant visitation rights to a grandparent who petitions for them unless the court determines that visitation would not be in the child's best interest. The amount of contact between the child, the grandparent, and the parents are all factors that North Dakota courts consider when determining what would be in the child's best interest. Adoption cuts off the rights of grandparents unless the grandparent was granted visitation by a court prior to the adoption.
Ohio
Ohio courts may grant visitation rights to a grandparent if the child's parents are deceased, divorced, separated, parties to a suit for annulment or child support, or were never married to each other. In order to get visitation, the grandparent must demonstrate that they have an interest in the child's welfare. Adoption terminates the visitation rights of grandparents unless the parent of the adopted child retains parental rights after a step-parent adoption.
Oklahoma
In Oklahoma, courts may grant visitation rights to a grandparent if they deem that visitation is in the best interest of the child. The statute provides special rules when the child is born out of wedlock. Adoption cuts off the visitation rights of grandparents unless the grandparent can show a previously existing relationship between themselves and the grandchild, as well as demonstrating that visitation is in the child's best interest.
Oregon
Determination of grandparent visitation rights includes a consideration of the relationship between the grandparent and grandchild as well as the relationship between the parent and child. Adoption automatically terminates all visitation rights of grandparents.
Pennsylvania
Pennsylvania courts may grant visitation to a grandparent if at least one of the child's parents is deceased, the parents are divorced or have been separated for longer than six months, or the child has lived with the grandparent for longer than 12 months. In making a grandparent visitation determination, the court considers the best interest of the child, potential interference with the parent-child relationship, and the contact between the grandparent and grandchild. Adoption cuts off grandparental visitation rights unless the adoption has been granted to a step-parent or another grandparent.
Rhode Island
The Rhode Island custody statute does not provide specific factors to be considered for determining the best interest of the child. In determining grandparent visitation, the court is required to consider the relationship between the grandparent and grandchild, as well as what would be in the best interest of the child. Courts may also grant visitation if the child's parents are divorced or the parent who is the child of the grandparent seeking visitation is deceased. Adoption automatically cuts off all grandparental visitation rights.
South Carolina
In South Carolina, a court may grant visitation to a grandparent if one parent is deceased, the parents are divorced, or the parents are separated. The court also considers the relationship between the grandparent and their grandchild, as well as the relationship between the parent and their child. Adoption automatically terminates all grandparental visitation rights.
South Dakota
The South Dakota custody statute does not provide statutory factors that the court considers when making a custody determination. However, a court may grant visitation to a grandparent if one parent is deceased, the parents are divorced, or the parents are separated. Adoption cuts off the grandparent visitation rights unless the adoption has been granted to a step-parent or to another grandparent.
Tennessee
Tennessee courts have recently held that the previous version of the Tennessee grandparent visitation statute was unconstitutional. In response, the Tennessee legislature amended the statute to come in alignment with the state constitution. Under the new statute, the Tennessee courts may grant visitation rights to a grandparent only if one of the parents of the child is deceased, the child's parents are divorced, the child was born out of wedlock, one of the parents has been missing for at least six months, a court in another state has ordered grandparent visitation, the child was previously living with the grandparent seeking visitation for longer than 12 months, or the grandparent and grandchild have developed and maintained a significant relationship for at least 12 months. If none of these events are applicable, the court may only award visitation to a grandparent if they determine that the child is in danger of substantial harm should the court deny visitation and visitation is in the best interest of the child. Adoption automatically terminates all grandparental visitation rights.
Texas
The Texas custody statute does not provide specific factors to be considered for determining the best interest of the child. Conditions wherein a court can award visitation to a grandparent include a determination that one of the child's parents are deceased, incompetent, incarcerated, or has had their parental rights terminated by a court. Visitation may also be awarded if the parents are divorced, the child has been abused or neglected, the child has been deemed to be a delinquent or needing supervision, or the child has lived with the grandparent seeking visitation for at least six months within 24 months of the filing of the petition requesting visitation. Adoption cuts off the visitation rights of grandparents unless the adoption has been granted to a step-parent.
Utah
According to Utah courts, conditions where visitation rights may be granted to a grandparent include the child's parents being deceased, divorced, or separated. Adoption automatically cuts off all grandparental visitation rights.
Vermont
In Vermont, conditions for grandparent visitation rights include consideration of whether a parent is deceased, incompetent, or the child has been abandoned. Adoption cuts off all visitation rights of grandparents unless the adoption has been granted to a step-parent or a blood relative of the child.
Virginia
Virginia courts make a determination about granting visitation to a grandparent during a suit for the dissolution of the child's parents. Adoption automatically cuts off all visitation rights of the grandparents.
Washington
According to Washington law, grandparents do not have legal custody or visitation rights to their grandchildren. At one point, Washington had a law granting grandparents permission to petition for visitation of a child if the child's parents were seeking a divorce. However, in 2005 the Washington Supreme Court ruled that the law was unconstitutional due to infringing upon the rights of parents over the care, custody, and control of their child. As a result, grandparents cannot establish visitation with a grandchild in Washington state. However, grandparents may establish custody of a grandchild if the child is not in the custody of their parents or if the parents are deemed to be unfit.
West Virginia
The West Virginia custody statute does not provide specific factors to be considered for determining the best interest of the child. Conditions wherein a grandparent may seek visitation with a grandchild include if a parent is deceased, the child has lived with the grandparent seeking visitation and was then removed by a parent, or the grandparent has in multiple circumstances been unduly denied visitation by a parent. Adoption automatically cuts off all grandparental visitation rights.
Wisconsin
In Wisconsin, when making a determination of granting visitation to a grandparent, the court considers the relationship between the grandparent and grandchild. Visitation may also be permitted if one of the child's parents is deceased. Adoption cuts off all of the grandparent's visitation rights unless the adoption has been granted to a step-parent.
Wyoming
The Wyoming custody statute does not provide specific factors to be considered for determining the best interest of the child. However, conditions for grandparent visitation rights include a consideration of the child's best interest and the impairment of the rights of the parents. Adoption automatically terminates all grandparental visitation rights.
Final Takeaways
Many circumstances can longlasting damage to the relationships between grandparents and their grandchildren. However, in all states, depending on the situation, grandparents have some legal recourse that allows them to seek custody and/or visitation in the interest of preserving the grandparent/grandchild relationship. These laws are different from state to state since family law is generally governed by state rather than federal law. However, there are some similarities and trends across states. This guide has provided a brief explanation of the most important factors a grandparent should consider when seeking custody or visitation with their grandchild in their respective state.
