Summaries of State Law: Grandparent Visitation and Custody

Author: Jade Yeban, J.D.
Reviewed by: Melissa Bender, Esq.
Last reviewed: July 17, 2023

Overview

• Some states have laws for grandparent visitation rights, considering the child's best interests.
• Statutory provisions can vary in application across states.
  • Some statutes have been deemed unconstitutional in certain states.
• Grandparent visitation and custody cases are complex and involve many factors.

Grandparent Visitation vs. Custody

• Visitation Rights: Grandparents can file for visitation, but parents' opinions hold significant weight.
  • Parents have primary responsibility for decision-making.
• Custody Rights: More complex than visitation.
  • Grandparents must prove parents are unfit or custody is in the child's best interests.

Key Legal Precedent

• Troxel v. Granville (2000): U.S. Supreme Court case affirming parents' rights to make child-rearing decisions.
  • Grandparents need to demonstrate that denial of visitation harms the child.

State Law Summaries

Alabama

• Visitation possible if it is in the child's best interests and specific conditions are met (e.g., parents deceased or divorced).
• Custody statute considers moral character and age/sex of the child.

Alaska

• Visitation rights determined during divorce, legal separation, or child placement.
• Adoption terminates visitation rights unless specified.

Arizona

• Visitation awarded if parents' marriage dissolved for 3 months or if unmarried at child's birth.
• Adoption generally cuts off visitation rights.

Arkansas

• Custody determined by child’s welfare; visitation possible under specific conditions (e.g., child lived with grandparent).
• Adoption cuts off natural grandparents' rights.

California

• Conditions include deceased parent, parental separation, and pre-existing relationship with grandchild.
• Adoption does not automatically terminate visitation rights.

Colorado

• Visitation possible if parents' marriage is terminated or child placed outside parents' home.
• Adoption usually cuts off visitation rights.

Connecticut

• Visitation rights based on child’s best interests.
• Adoption doesn’t automatically terminate visitation.

Delaware

• Visitation rights granted if in child’s best interests.
• Adoption terminates rights.

(Continue similarly for other states...)