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Christy Bieber, J.D.
Christy Bieber, J.D.Contributor
Christy Bieber is a personal finance and legal writer with more than a decade of experience. She earned her JD from UCLA School of Law and was an adjunct professor at the start of her career, teaching paralegal studies and related courses. In addition to writing for the web, she has also designed educational courses and written textbooks focused on a variety of legal subjects.
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Adam Ramirez has been writing and editing about the law and legal issues for more than 20 years. After earning a law degree from the University of Arizona, he clerked for two years for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court. He previously was an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
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Adam Ramirez, J.D.
Adam Ramirez, J.D.editor
Adam Ramirez has been writing and editing about the law and legal issues for more than 20 years. After earning a law degree from the University of Arizona, he clerked for two years for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court. He previously was an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
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Table of Contents
- What Are Grandparent Rights?
- When Can Grandparents Petition the Court for Visitation Rights?
- When Can Grandparents Petition the Court for Custody?
- How Can You Enforce Your Grandparents Rights?
- Getting Help With a Grandparents Rights Case
- Frequently Asked Questions (FAQs)
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The relationship between a grandparent and a grandchild is a special one that can enrich both generations. But, there are times when grandparents may not be able to see their grandchildren as often as they would like, or even see them at all.
This guide to grandparent rights explains when and how grandparents can ask the court to help them get time with their grandchildren.
What Are Grandparent Rights?
When parents have parental rights, this usually means they have a right to be an active participant in their children’s lives–even if they are not living with the child’s other parent. Unless parents are abusive, neglectful or there is another significant issue, parents typically have the legal right to either have custody of their children or have regular visits with them.
Grandparent rights, on the other hand, are different. Grandparents do not always have an enforceable legal right to see their grandkids. While there are some circumstances in which grandparents can ask a court to grant them visitation, or even to grant them custody, rules vary by state about when and how this occurs.
When Can Grandparents Petition the Court for Visitation Rights?
In some circumstances, grandparents can ask the court to grant them visitation rights. This means the court orders the parent(s) to allow the grandparents time with the grandkids on a regular schedule.
State laws vary as to exactly when this is allowed, but typically grandparents may be able to ask for visitation rights in the following circumstances:
- If the parents are separated or divorced
- If one or both parents passed away
- If a petition for divorce has been filed
- If parents have lost custody of the child
- If a child is born out of wedlock
Many states prohibit grandparents from petitioning for visitation when the child lives in an intact family. In other words, if the child is living with both parents, the grandparents typically will not be allowed to sue for visitation rights. The parental rights of the parents–and their decision not to allow the grandparents to see the kids–takes precedence over any rights the grandparents have.
When Can Grandparents Petition the Court for Custody?
In some cases, grandparents may want to go beyond just getting to visit their grandkids. They may actually want to take custody of them. This means assuming the right and responsibility to care for the child and make decisions on the child’s behalf.
Grandparents can generally petition for custody only if:
- The parent(s) are unfit
- The parent(s) have passed away
- The parent(s) agree the grandparents should take custody
The court will consider what is in the best interests of the child when making a custody decision. If children cannot be raised by their parents and their parents have not named a guardian, courts usually prefer to keep children with close family members rather than putting them into the foster care system. This could be grandparents or other close relatives, such as aunts or uncles.
How Can You Enforce Your Grandparents Rights?
In some states, grandparents can join a custody case along with one of the parents or can initiate their own court action requesting visitation rights. Remember, though, this usually is not possible if the parents are living in an intact relationship and have chosen not to allow the grandparents to see the grandkids.
When the parents are unfit, separated, divorced or have lost custody, then the grandparents may be able ask the court to grant them either visits or custody.
In order to convince the court this is appropriate, the grandparents usually must demonstrate they have a close, meaningful relationship with the children and it is in the child’s best interests to continue to build that connection.
Grandparents can present many types of evidence to convince the court to enforce grandparent rights. For example, the following information could help their case:
- They have lived with the child without the parents for a period of time and served as a primary caregiver for the child
- They had regular and frequent contact and developed a meaningful relationship with the child over an extended period of time
- The children want to visit the grandparents (in a visitation rights case) or want to live with the grandparents (in a custody case)
- The parents are unable to meet the child’s needs or provide a stable, secure home (in a custody case)
It is very important to have ample evidence demonstrating a strong relationship with the grandchildren and/or showing the parents cannot care for them if you wish to ask the court to grant grandparents rights.
Getting Help With a Grandparents Rights Case
If you are thinking about asking the court for grandparents rights, it is best to have an experienced family law attorney represent you. Your attorney can help you to understand whether you have a case and can assist you in gathering the evidence you need to make a compelling claim. Call a family law attorney ASAP as your relationship with your grandkids could be at stake.
Frequently Asked Questions (FAQs)
What can you do when you are not allowed to see your grandchildren?
If you are not allowed to see your grandchildren, you may be able to sue for visitation–but this is generally possible only if the child’s parents are separated, divorced or if one parent has passed away. If your grandchildren’s parents are married and are choosing not to allow the kids to see you, there is typically nothing you can do because this is within their parental rights.
What rights do grandparents have in the United States?
Grandparents may have the right to petition the court for custody of their grandchildren if the parents are unfit. The court decides what is in a child’s best interests in a custody proceeding.
Grandparents may also petition for visitation in certain circumstances, such as when parents have divorced or a child was born out of wedlock or if one parent passed away. If the child’s family is intact, though, grandparents usually do not have the right to request visitation as parental rights trump grandparent rights.
Do grandparents have a right to see their grandkids?
Grandparents do not necessarily have an absolute right to see their grandkids. If the grandchildren’s parents are married, grandparents cannot petition the court to ask for visitation in most circumstances. Parents have the strongest claim to their kids and can decide to keep the kids away from the grandparents if the parents prefer it that way.
However, grandparents can petition for visitation in cases where parents are separated or divorced or if one parent has died. To be successful, they typically must prove court-ordered visitation is in the child’s best interests.
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FAQs
Can my parents stop me from seeing my grandparents? ›
Parents typically get to decide whether their child sees their grandparents. Generally, a child's parents have the right to decide whether or not their child will see their grandparents. If parents don't live together, either parent can let the child see their grandparents during their parenting time.
What to do when your daughter won t let you see your grandchildren? ›- Look inward. If you're the grandparent, reflect on what it is from your relationship with your child that has wounded them such that they've cut their children off from you. ...
- Make your appeal. ...
- Have the hard conversation. ...
- Make amends. ...
- Pursue mediation. ...
- If the answer is no.
This phenomenon varies quite a bit from child to child. However, it mimics the common experience of many parents as kids gain autonomy and get increasingly interested in their friends. Generally, at around age 10 into their teen years, some kids start drifting away from their grandparents.
How often should grandchildren see their grandparents? ›According to her research, grandparents who live at a long distance tend to travel less often to visit and they stay longer, but the average number of visits that long-distance grandparents make each year is two to four times for trips lasting 5 to 10 days each.
When grandparents are kept away from grandchildren? ›Grandparent alienation is a type of elder abuse, a term for the mistreatment of older people in a society. It occurs when grandparents are unreasonably denied meaningful opportunities to have a relationship and spend time with their grandchildren.
Can a grandparent claim a grandchild over a parent? ›Typically, the child's parents will have the first right to claim their qualifying child. However, if the parents are unable to claim the child, or choose not to, then the person with the highest adjusted gross income (AGI) will be able to claim the qualifying child.
What to do if you think your grandchildren are being neglected? ›If you think your grandchild is at risk of abuse or neglect, talk with your grandchild's parents about your concerns. If you think there are serious problems of violence or neglect in your grandchild's home and you need advice, you can get help and information by ringing a parenting hotline.
How to deal with narcissistic daughter withholding grandchildren? ›Remember to keep communication open, set boundaries, don't take it personally, focus on your relationship with your grandchildren, and seek support. By doing so, you can maintain your sanity and your relationship with your grandchildren despite your daughter's narcissistic behavior.
When grandparents overstep their boundaries? ›If the grandparent expresses an understanding and a realization that they overstepped a boundary, then forgive them. Don't hold the grudge forever. If it becomes a pattern, you can still forgive as you adjust.
Is 70 too old to look after grandchildren? ›They help you live longer
Grandparents over 70 who regularly look after their grandchildren are 37% more likely to enjoy a longer life than those the same age who don't. Looking after your grandchildren can give you real purpose in retirement, whether it be planned day trips or just the unconditional love.
Which grandparent is more important? ›
Both scientific surveys and anecdotal evidence show that typically maternal grandparents are closer to grandchildren than paternal grandparents.
What is a grandmother's job? ›Depending on how far away they live and other circumstances, they can be caregivers, teachers and playmates. They are trusted advisors for their adult children who are now parents themselves. For many families, grandparents provide regular child care. In some cases, they are primary caregivers to their grandkids.
How many gifts should grandparents give their grandchildren? ›Some boundaries about gift-giving might be:
Limiting the amount for 2-3 presents per child (adjust the number to your liking) Telling them to save some as “grandparent” gifts for when the kids visit their house.
Grandparents: working out your role
This can range from practical support like cooking meals to emotional support like listening to worries. Some grandparents are also keen to play a role in looking after their grandchildren when their adult children are working, studying or doing other activities.
What Legally Defines Immediate Family? Immediate family refers to a person's parents, siblings, spouse, child by blood, adoption or marriage, grandparents and grandchildren.
Can your parents stop you from seeing someone? ›In all legality,your parents cannot stop you from seeing/visiting your boyfriend now that you are 18 years of age,however,they could simply ask you to leave home if you disobey them! They can't stop you, but if you are financially dependent on them, they can make you pay for your decision to see him.
Can a parent deny a grandparent visitation in Texas? ›Grandparents' Rights to Visitation and Access
Grandparents often ask what rights they have if the parents are denying access to their grandchildren. While a Texas court may grant visitation in certain circumstances, state law does not give grandparents an absolute right to visit their grandchildren.
While many grandparents are more willing to lend a helping hand to their kids and grandkids, it's important for parents to remember they aren't entitled to that help. No one should expect their family members to come over every day and watch their children for free. And grandparents have their own lives.