Do Grandparents Have Visitation Rights?

Many grandparents have strong bonds with their grandchildren. But what if a parent blocks visits? What rights do grandparents have? Can grandparents sue for visitation? However, the Supreme Court has ruled that parents have the final say unless a grandparent can prove visits are necessary for the child's well-being. Getting court-ordered visits isn't easy. Your ability to get visitation depends on your state's laws and how strong a case you present.

Do Grandparents Have the Right to See Their Grandchildren?

In most cases, parents have the final say when it comes to deciding who can spend time with their kids. But some grandparents believe they should be able to see their grandchildren—even if the parents disagree. Grandparents who aren't allowed to see their grandchildren might go to court and ask a judge to step in and order visitation, despite the parents' objections.

Getting a judge to order visitation with your grandkids isn't simple. Each state has its own laws on when grandparents can request court-ordered visits and what grandparents have to prove to win their case. Though state laws vary from each other, they must all follow the rules set by the U.S. Supreme Court. The Supreme Court has made it clear that parents' rights come first in most cases.

Grandparents' Rights vs. Parents' Rights

Family relationships can be complicated, and disputes over grandparent visitation are common. Parents and grandparents can usually work through these disputes together, but sometimes that's not the case. In some instances, grandparents will sue for visitation. Cases on grandparent visitation require judges to balance parents' rights with children's wellbeing.

This balancing issue reached the U.S. Supreme Court in the landmark case, Troxel v. Granville, 530 U.S. 57 (2000). At the heart of the case was a fundamental question: Do grandparents have visitation rights to see their grandchildren if the parents say no?

The case challenged a Washington State law that allowed courts to grant visitation rights to grandparents, even over a parent's objection, if the court found the visits were in the child's best interest. The Supreme Court examined whether this law violated parents' constitutional rights to make decisions about their own children's upbringing.

In its ruling, the Court found that fit parents have the primary authority to decide who spends time with their children. Judges cannot override those decisions simply because they believe visitation is a good idea. Instead, they must give special weight to the parent's opinion.

How State Laws Impact Grandparent Visitation

Grandparents seeking court-ordered visitation face different legal hurdles depending on their state. While all states must comply with the Supreme Court's ruling in Troxel, their laws are not all the same.

When Grandparents May Request Visitation

Grandparents can't simply request court-ordered visitation whenever they want. Instead, they must meet specific criteria before a judge will consider their case. Some states have strict limitations, only allowing grandparents to file under rare circumstances. Other states have broader rules that make it easier to request visitation.

Florida, for example, has very strict limits on when grandparents may seek court-ordered visitation. One of the following must be true to file:

• both parents are dead, missing, or in persistent vegetative state, or
• one parent is any of the above, and the other has been convicted of a felony or violent crime that poses a substantial risk of harm to the child.

(Fla. Stat. § 752.011 (2025).)

On the other hand, Georgia's state policy is to encourage a child's continuing contact with grandparents. In Georgia, grandparents may request visitation unless the parents of the minor child are not separated, and the child is living with both parents. (.)

What Do Grandparents Need to Prove to Get Visitation?

Even if grandparents meet the legal requirements to file for visitation, that's only the first hurdle. Grandparents must then present strong evidence to convince a judge to grant visitation and overcome the presumption that fit parents act in the child's best interests. The specific requirements vary by state, but many states (such as (Fla. Stat. § 752.011(4) (2025).)

Georgia also requires proof of harm to the child if the grandparent visitation isn't granted, but judges in that state may presume that a child could suffer harm from being denied any contact with a grandparent when they had a pre-existing relationship. Still, the child's parents can overcome that presumption with evidence otherwise.

What Do Judges Consider When Deciding Whether to Award Grandparent Visitation?

When judges are deciding whether grandparents who are seeking visitation rights have overcome the presumption in favor of the parents' decision-making authority, some states (like Colorado) simply require the judges to consider the same circumstances that go into all decisions about

• The existing relationships. How strong is the bond between the grandparent and child? How much contact have they had? Has the grandparent regularly visited the child or been the child's primary caregiver? Judges might also consider the existing parent-child relationship—and how court-ordered visitation with the grandparents might affect that relationship.
• The parents' good faith. Do the parents have good reasons for denying or limiting visitation? Or are they motivated by resentment or anger at the grandparents? Similarly, judges will look at the grandparents' reasons for wanting the visitation.
• The child's preferences. Some states allow (or even require) judges to consider whether the child wants to visit with the grandparents, as long as the child is mature enough to express an independent, reasonable opinion. But this will be only one factor—it doesn't mean the judge will always go along with the child's wishes.
• The nature of the visitation request. How much visitation are the grandparents requesting? Will it interfere with the child's normal activities and family relationships?

Ultimately, judges try to balance the benefit to the child from having an ongoing relationship with the grandparent with role in the child's life with the parents' right to make decisions about their child—but they'll have to give special weight to those parental rights.

Steps to Take Before Filing for Grandparent Visitation

If a parent won't let you see your grandchild, hold off on rushing to court. Talk with the parent (or parents) to see if you can agree on a visitation schedule. If a conversation isn't possible or you can't agree, consider requesting a mediation session with the child's parents.

Some judges won't consider visitation until the parties have attended mediation together. In mediation, a neutral third party helps all of you create a legally binding agreement that everyone can follow.

If you're still not getting anywhere after trying mediation or simply talk with your grandchild's parent, you can file a petition for visitation with your local court. But you should speak with a lawyer first. The legal requirements for grandparent visitation requests can be complicated and restrictive. An experienced family law attorney can explain how the laws in your state apply to your specific circumstances and, if you decide to move ahead, can help you prepare the evidence you'll need to convince a judge to order visitation.

For similar reasons, you should also think about consulting a lawyer if you're a parent who's opposing a grandparent visitation request. It may help to know that the judge might order the grandparents to pay your attorney's fees and other costs in the court proceeding. For example, judges in Washington State must grant a parent's request for those costs unless it wouldn't be fair, given the parents' and grandparents' financial circumstances. (Wash. Rev. Code § 26.11.050 (2025).)