Grandparents Rights By States

Grandparents Rights in Minnesota

In Minnesota, grandparents rights allow visitation to be awarded in the following scenarios:

• • One of the parents is deceased
  • The parents are divorced, separated, or their marriage is annulled
  • If the parents are working out custody agreements or paternity
  • If the child is adopted, then the grandparents rights will be severed unless the adopter is a step-parent or another grandparent.

Grandparents Rights in Mississippi

In Mississippi, the court will consider the best interest of the child in custody or grandparents rights cases. If the child is 12 or over, then the child’s opinion will be taken into account. The court will consider the relationship between the grandchild and grandparent when deciding grandparents rights cases when a parent is deceased. If the child is adopted, then grandparents rights are terminated unless the adopter is a blood relative or step-parent.

Grandparents Rights in Missouri

In Missouri, grandparents rights may allow a grandparent to seek visitation if:

• • The parents have unreasonably prevented grandparents from visiting their grandchild for 90 days or more
  • If a living parent prevents grandparents from visiting the grandchild after one of the parent’s deaths
  • If the child’s parents are divorcing or divorced

If the child is adopted, then the grandparents rights will be severed unless the adopter is a blood relative, another grandparent, or a step-parent.

Grandparents Rights in Montana

In Montana, grandparents rights may allow visitation if the courts determine it is in the best interest of the child. If the child is adopted, then grandparents rights will be severed unless the adopter is another grandparent or step-parent.

Grandparents Rights in Nebraska

Nebraska courts may allow grandparents to petition for visitation if:

• • The child was born to unmarried parents, but paternity has been determined by formal tests
  • If the parents are divorced or separated or in the process of either

In order to exercise grandparents rights, the grandparent must prove there is a relationship between the grandparent and grandchild, and it is a relationship that is important to the child and beneficial to their interests. The visitation cannot impact the relationship between the child and its parents, and if the child is adopted, grandparents rights will be terminated.

Grandparents Rights in Nevada

Nevada courts make decisions on grandparents rights based on what is in the best interest of the child. They may grant visitation in the following circumstances:

• • One or both of the child’s parents are dead
  • The child’s parent or parents have unreasonably not allowed or restricted visitation of the grandparents (the grandparent has the burden of proof to show why the restriction is unreasonable)
  • The child’s parents are divorced or separated

If the child is adopted, the grandparents rights will be severed.

Grandparents Rights in New Hampshire

New Hampshire courts may award grandparents rights for visitation if:

• • One or both parents have their parental rights terminated
  • The child’s parents are divorced or in the process of divorce
  • One or both parents are dead
  • The child was born to unmarried parents

If the child is adopted, then grandparents rights will be severed.

Grandparents Rights in New Jersey

New Jersey courts will only grant grandparents rights if they believe it is in the best interest of the child. If the child is adopted, then grandparent rights will be severed unless the adopter is a step-parent.

Grandparents Rights in New Mexico

There are a few situations where a New Mexico Court will grant grandparents rights, for example:

• • The child’s parents are separated or divorced
  • The child’s parents are dead
  • If the child is six years or older and has lived with the grandparent for more than six months before being removed from the grandparent’s residence
  • If the child is younger than six years and lived with the grandparent for more than three months before being removed.

If the child is adopted, then grandparents rights will be terminated unless the adopter is a blood relative, step-parent, godparent (sponsored the child at confirmation or baptism), or guardian appointed in the parent’s will.

Grandparents Rights in New York

New York legislature allows grandparents rights, but a few appeals have called grandparents rights unconstitutional. It is unlikely that grandparents rights will be granted unless it is in the best interest of the child and there are concerns that require intervention or one or both of the parents are dead.

If the grandparents are granted visitation rights, these will not automatically be terminated if the child is adopted.

Grandparents Rights in North Carolina

Grandparents rights can be dealt with at the same time as custody decisions in North Carolina, and the court will take into account the best interest of the child in both cases. If the child is adopted, then grandparents rights will be terminated unless the adopter is the step-parents or blood relative. Even if this is the case, the grandparents will need to prove that they have a close and beneficial relationship with the child.

Grandparents Rights in North Dakota

Grandparents rights will only be denied in North Dakota if the court believes that visitation is not in the best interest of the child. The court will determine the relationship and past contact between the grandparents and grandchild and the grandparents and parent when looking at the best interest. If the child is adopted, then grandparents rights will be severed.

Grandparents Rights in Ohio

In Ohio, grandparents rights may allow grandparents to seek visitation in the following circumstances:

• • The child’s parents are separated, divorced, their marriage is annulled or they are in the midst of any of those processes
  • The parents were unmarried or never married
  • The child’s parents are dead

In order to ask the court for visitation rights, the grandparents must show evidence that they are concerned about the welfare of the child and have an active interest. If the child is adopted, then grandparents rights will be severed unless the adopter is a step-parent.

Grandparents Rights in Oklahoma

Grandparents rights may be granted by Oklahoma courts if it is in the child’s best interests. If the child is adopted, then grandparents rights will usually be severed unless the grandparent can prove:

1. 1. Continuing visitation is in the best interest of the child
   2. That a relationship exists between the child and the grandparent

Grandparents Rights in Oregon

In Oregon, the court will consider the nature of the relationship between the grandparents and the child and the grandparents and the parents before making decisions on grandparents rights. The law believes that grandparents rights do not override parents rights. If the child is adopted, then all grandparents rights are severed.

Grandparents Rights in Pennsylvania

In Pennsylvania, grandparents rights may be granted if:

• • One of both of the child’s parents are dead
  • If the child has lived at the grandparents home for 12 months or more
  • If the child’s parents have been separated for 6 months or more or are divorced

The court will also consider what is in the best interest of the child and how grandparents rights may affect the relationship between the child and their parent. In addition, the court will consider if the grandparent and child already have a relationship and the grandparent makes an effort to establish regular contact. If the child is adopted, grandparents rights will be terminated unless the adopter is another grandparent or a step-parent.

Grandparents Rights in Rhode Island

Rhode Island courts may grant grandparents rights if the parents of the child are dead or divorced. The child’s best interest is the primary factor the court will take into consideration, but they will also look at the nature of the relationship between the grandparent and child. If the child is adopted, grandparents rights will automatically be severed.

Grandparents Rights in South Carolina

Visitation for grandparents may be granted in South Carolina if the child’s parents are separated, divorced, or one or both are dead. The court will consider the nature of the relationship between the child and their grandparent and if granting grandparents rights will affect the relationship between the child and their parent. If the child is adopted, grandparents rights will be automatically severed.

Grandparents Rights in South Dakota

South Dakota courts may grant grandparents rights if the parents of the child are dead, divorced, or separated. If the child is adopted, grandparents rights will automatically be severed unless the adopter is another grandparent or step-parent.

Grandparents Rights in Tennessee

In Tennessee grandparents right will only be considered in the following circumstances, and even then, the child’s best interests will be the deciding factor:

• • The child’s parents are divorced
  • The child was born to unmarried parents
  • One of the parents of the child is deceased
  • Another state’s court has given grandparents rights for visitation to these grandparents
  • The child has lived with the grandparent for 12 months or more
  • One of the parents has been missing for 6 months or longer
  • The grandparent and grandchild have maintained a substantial relationship for 12 months or longer

If the child is adopted, then all grandparents rights will be severed.

Grandparents Rights in Texas

Texas may grant grandparents rights for visitation if the following conditions exist:

• • The parents are divorced
  • One of the parents is deceased
  • One of the parents is incarcerated
  • One of the parents are deemed unfit or the court terminates their parental rights
  • The child has lived with their grandparent for at least 6 of the prior 24 months
  • The child is or has been neglected or abused
  • The court believes the child will benefit from the additional supervision of a grandparent (if they are delinquent)

If the child is adopted, then the grandparents rights will automatically be severed unless the adopter is a step-parent.

Grandparents Rights in Utah

Utah courts may grant grandparents rights if the parents of the child are dead, separated, or divorced. If the child is adopted, grandparents rights will automatically be severed

Grandparents Rights in Vermont

In Vermont, courts may grant grandparents rights if the parent has abandoned their child, is dead, or the court deems them incompetent or unfit to parent. If the child is adopted, grandparents rights will be severed unless the adopter is a blood relative or step-parent.

Grandparents Rights in Virginia

Grandparents can file a petition for grandparents rights during the divorce, separation, or annulment proceedings of a child’s parents. If the child is adopted, then grandparents rights will be automatically severed.

Grandparents Rights in Washington

There are no grandparents rights in the state of Washington as the law states that all parents should have ultimate control and decision-making over their child’s upbringing. However, if a parent is deemed unfit or the child is not in the custody of their parents, grandparents can petition for visitation.

Grandparents Rights in West Virginia

In West Virginia, a grandparent may seek visitation rights if:

• • One of the child’s parents is dead
  • The grandparent has on multiple occasions been unreasonably denied visitation with their grandchild
  • The grandchild lived with the grandparent at some point, but the parent removed them.

The court will determine the best interest of the child above all else in grandparents rights cases. If the child is adopted, then grandparents rights are automatically severed.

Grandparents Rights in Wisconsin

In Wisconsin, a grandparent who has a strong relationship with their grandchild may be granted visitation rights. They may also be granted grandparent rights if one of the parents is dead. If the child is adopted, then grandparents rights are automatically severed unless the adopter is a step-parent.

Grandparents Rights in Wyoming

Grandparents rights may be granted in Wyoming if the court determines it is in the best interest of the child and if it would not impinge upon parental rights. If the child is adopted, then grandparents rights are automatically severed.