A Growing Area of Family Law
When parents divorce, separate, or one parent passes away, grandparent relationships can be disrupted. In some cases, grandparents have been entirely cut off from grandchildren by one or both parents. This has prompted all 50 states to enact some form of grandparent visitation statute — though the rights granted vary widely.
The Constitutional Challenge
Parents have a constitutionally protected fundamental right to make decisions about who their children associate with. The Supreme Court’s 2000 Troxel v. Granville decision established that courts cannot simply second-guess a fit parent’s decision to limit grandparent contact.
This means that in most states, grandparents cannot simply petition for visitation because it might benefit the child. They must overcome the presumption that the parent’s decision is in the child’s best interest.
When Courts Are More Likely to Grant Grandparent Visitation
Courts look most favorably on grandparent visitation petitions when: one or both parents are deceased, the parents are divorced or separated, the grandchild lived with the grandparents for a significant period, the grandparents had a substantial relationship with the grandchild before it was disrupted, and cutting off the relationship would genuinely harm the child.
The stronger and longer-established the grandparent-grandchild relationship, the stronger the case for visitation.
Grandparent Custody — A Higher Bar
Custody (as opposed to visitation) requires showing that both parents are unfit or otherwise unable to care for the child — due to abuse, neglect, addiction, incarceration, or death. This is a high bar that requires clear and convincing evidence.
Kinship care arrangements — where relatives including grandparents step in when parents can’t — may come through the child welfare system rather than traditional family court, and often include support services.
What to Do If You’re Being Cut Off
Start by documenting your existing relationship — photos, texts, school involvement, time spent together. This record is powerful in court. Try mediation before litigation; many families find compromises through a structured conversation with a neutral third party.
Consult a family law attorney in your state to understand what your specific state’s statute allows and what evidence you’ll need to present.