Many believe that grandparent should have legal right under most circumstances to visit their grandchildren. Unfortunately, some states are denying visitation rights and only make exceptions on occasions such as the death, divorce or permanent separation of the grandparent’s child. On the opposite side, some states allow anyone in the child’s ‘best interest’ to have the capabilities of obtaining legal visitation rights.
The difference that determines visitation rights is very simple, but their variation from state to state and the procedure of obtaining them can be often complex.
Some states that support more restricted visitation rights support the parent’s decision to choose what is in the best interest of the child, whereas others with more widely accessible visitation rights enable what is just in the best interest of the child. The difference is, the state has the ability to grant people visitation rights that are different than what the parent thinks is best.
For a complete list of the visitation rights by state, click here to download the PDF from the National Bar Association.
Remember that this information can change and just because a state ‘generally’ allows grandparents visitation rights, does not mean that they can and do every time. There are situations in which grandparents that would normally be granted visitation rights are denied. If you think that this may apply to you, we advise you to seek with an elder law professional in your community.