Grandparents' Visitation Rights by State (2026)
When grandparents can ask a court for visitation or custody in each state.
| State | Grandparents' rights |
|---|---|
| Alabama | A grandparent can ask for visitation in certain situations, such as when the parents' divorce or legal separation has been filed or the marriage has ended by death or divorce, when the child was born outside marriage (with paternity established for paternal grandparents), or when parental rights are being or have been terminated. A fit parent's decision to deny or limit visits is presumed to be in the child's best interest. To overcome this, the grandparent must prove by clear and convincing evidence a significant and viable relationship with the child and that visitation is in the child's best interest, including that losing the relationship has caused or is likely to cause harm. Ala. Code § 30-3-4.2 |
| Alaska | A grandparent may ask the superior court for reasonable visitation if the grandparent has established or tried to establish ongoing personal contact with the child and visitation is in the child's best interest. After a final custody or adoption order, a grandparent may petition only if they did not ask for visitation during that case or circumstances have changed. The court considers any history of child abuse or domestic violence by the grandparent's son or daughter. Alaska Stat. § 25.20.065 |
| Arizona | A grandparent or great-grandparent may ask for visitation if it is in the child's best interests and one parent has died or been missing at least three months, the child was born to parents not married to each other, or the parents' marriage has been dissolved for at least three months. The court gives special weight to the parents' view of the child's best interests and considers the historical relationship, motivations, and the effect on the child's activities. Visitation rights end if the child is adopted, except by a stepparent. Ariz. Rev. Stat. § 25-409 |
| Arkansas | A grandparent or great-grandparent may ask for reasonable visitation if the parents' marriage ended by death, divorce or legal separation, the child was born outside marriage (paternity must be established for paternal grandparents), the custodian is unfit, or in certain other circumstances. A custodian's decision to deny or limit visits is presumed to be in the child's best interest. To overcome this, the grandparent must show a significant and viable relationship with the child (for example, the child lived with or was regularly cared for by them for six months, or frequent contact for 12 months) and that visits are in the child's best interest, including that losing the relationship is likely to harm the child. Ark. Code Ann. § 9-13-103 |
| California | A grandparent may ask for reasonable visitation if there is a preexisting bond making visits in the child's best interest, and the court balances that against the parents' right to make decisions. While the parents are married, a grandparent can generally petition only in listed situations, such as the parents living apart, a parent absent over a month, a parent joining the petition, the child not living with either parent, stepparent adoption, or a parent's incarceration. Visits are presumed not to be in the child's best interest if both parents object, or if the custodial parent objects. Grandparents of a deceased parent may also seek visitation. Cal. Fam. Code §§ 3102, 3103, 3104 |
| Colorado | A grandparent or great-grandparent may ask the court for reasonable grandparent family time when there is or has been a custody or parental responsibilities case involving the child. The request is filed in the district where the child lives with a supporting affidavit and notice to the parties; the court grants family time only if it finds it is in the child's best interests, after a hearing if either party requests one. C.R.S. § 14-10-124.4 |
| Connecticut | Any person, including a grandparent, may petition for visitation with a minor child by alleging that a parent-like relationship exists and that denying visits would cause real and significant harm (meaning the child would be neglected or uncared for). The court grants visitation only if both are proven by clear and convincing evidence. For grandparents, the court may also consider a history of regular contact and a close and substantial relationship. The court considers the child's wishes if the child is old enough to form an intelligent opinion. Conn. Gen. Stat. § 46b-59 |
| Delaware | A grandparent (or aunt, uncle, adult sibling, or another adult with a substantial and positive prior relationship with the child) may petition for third-party visitation. Before granting it, the court must find visitation is in the child's best interests and, for each parent, that the parent consents, the child is dependent, neglected or abused in that parent's care, the parent has died, or the parent objects but the petitioner proves by clear and convincing evidence that the objection is unreasonable and that visits will not substantially interfere with the parent-child relationship. 13 Del. C. §§ 2410, 2412 |
| District of Columbia | D.C. does not have a separate grandparent visitation statute in the sections read. A third party, such as a grandparent, may seek custody of a child if the parent who has been the primary caretaker in the past 3 years consents, if the third party has lived with the child for at least 4 of the last 6 months and primarily taken on a parent's duties, or if the third party lives with the child and exceptional circumstances make custody necessary to prevent harm. A person proven to be a de facto parent by clear and convincing evidence is treated as a parent. D.C. Code §§ 16-831.02, 16-831.03 |
| Florida | A grandparent may ask for visitation only in limited situations: both parents are deceased, missing, or in a persistent vegetative state; or one parent is and the other has been convicted of a felony or violent offense showing a substantial threat to the child. The grandparent must first make a preliminary showing that a parent is unfit or the child faces significant harm. Visitation can be granted only if this is proven by clear and convincing evidence, visitation is in the child's best interest, and it will not materially harm the parent-child relationship. Fla. Stat. § 752.011 |
| Georgia | A grandparent may file an original action for visitation, and grandparents, great-grandparents, and siblings may join an existing custody or divorce case. An original action is not allowed if the parents are not separated and the child lives with both. The court may grant visitation only if it finds by clear and convincing evidence that the child's health or welfare would be harmed without it and that visitation is in the child's best interest. A grandparent may file an original action only once every 2 years. O.C.G.A. § 19-7-3 |
| Hawaii | A grandparent may petition for reasonable visitation only if Hawaii is the child's home state, the grandparent's own child (the child's parent) cannot exercise visitation because of incarceration or death, and denying visitation would cause significant harm to the child. The parent's or custodian's decision is presumed to be in the child's best interest unless rebutted by clear and convincing evidence of significant harm. HRS § 571-46.3 |
| Idaho | The district court may grant reasonable visitation to grandparents or great-grandparents on a proper showing that visitation is in the child's best interests. Where a child actually lives with a grandparent in a stable relationship, the court may give the grandparent the same standing as a parent in a custody decision. Idaho Code §§ 32-719, 32-717(3) |
| Illinois | Grandparents, great-grandparents, step-parents, and siblings of a child at least 1 year old may petition for visitation only if a parent has unreasonably denied visitation, causing the child undue mental, physical, or emotional harm, and one of these applies: the other parent is deceased or missing at least 90 days; a parent is legally incompetent; a parent has been jailed more than 90 days; the parents are divorced, legally separated, or in a pending custody case; or the parents never married and do not live together. A fit parent's decisions are presumed not harmful, and the petitioner must prove otherwise. 750 ILCS 5/602.9 |
| Indiana | A grandparent may seek visitation if the child's parent is deceased, the parents' marriage was dissolved in Indiana, or the child was born to unmarried parents (a paternal grandparent only if paternity has been established). The court may grant visitation if it is in the child's best interests, and may consider whether the grandparent has had or tried to have meaningful contact with the child. Ind. Code §§ 31-17-5-1, 31-17-5-2 |
| Iowa | A grandparent or great-grandparent may petition for visitation only if the child's parent who is their child (or grandchild) has died. A fit parent's decision to deny visitation is presumed to be in the child's best interest. The court may grant visitation only if it finds by clear and convincing evidence that visitation is in the child's best interest, the grandparent had a substantial relationship with the child before filing, and the parent is unfit or the parent's judgment is impaired. Iowa Code § 600C.1 |
| Kansas | Since 2024, Kansas follows the Uniform Nonparent Visitation Act, which covers grandparents, siblings, stepparents, and others. A parent's decision about visitation is presumed to be in the child's best interest. A nonparent can get visitation only by proving, by clear and convincing evidence, that denying visitation would harm the child, that they have been a consistent caretaker within the past year or have a substantial relationship with the child, and that visitation is in the child's best interest. Proof that the parent is unfit is not required. K.S.A. 23-3305 to 23-3309 (Uniform Nonparent Visitation Act) |
| Kentucky | The Circuit Court may grant reasonable visitation to either set of grandparents if it is in the child's best interest. If the grandparent's own child (the child's parent) has died, visitation is presumed to be in the child's best interest if the grandparent proves a significant and viable relationship, such as the child living with or being regularly cared for by the grandparent for 6 consecutive months, or frequent contact for 12 consecutive months. The case is filed in the county where the child lives. KRS 405.021 |
| Louisiana | Grandparents may be granted visitation if it is in the child's best interest when the parents are not married or living together as married, or have filed for divorce. Grandparents may also seek visitation if a parent has died, is interdicted, or is incarcerated, and, in extraordinary circumstances, if the married parents have lived apart for six months. The court must consider a fit parent's right to make decisions for the child, the length and quality of the relationship, whether the child needs guidance the grandparent can provide, the child's preference if mature enough, and the health of the child and grandparent. La. Civil Code art. 136; La. R.S. 9:344 |
| Maine | A grandparent may ask the court for reasonable visitation or access if there is a sufficient existing relationship with the child, or another compelling state interest justifies it. The grandparent must file an affidavit showing standing, and the court decides standing first. Visitation may be granted if it is in the child's best interest and would not significantly interfere with the parent-child relationship or the parent's authority. Factors include the child's age and relationship with the grandparent, whether a parent has died, the child's preference if old enough, stability, the ability of the parent and grandparent to cooperate, and any grandparent sex offense conviction. The court fee is the $120 family matter fee. 19-A M.R.S. § 1803; Administrative Order JB-05-26 (A. 3-26) |
| Maryland | A court may consider a grandparent's petition for reasonable visitation with a grandchild and may grant visitation if it finds it is in the child's best interests. Md. Code, Family Law § 9-102 |
| Massachusetts | Grandparents may be granted reasonable visitation with an unmarried minor grandchild by the Probate and Family Court, on a written finding that it is in the child's best interest, if the parents are divorced, married but living apart, under a separate support order, if a parent has died, or if the parents were never married and do not live together (with paternity established, except when maternal grandparents are asking). Visitation is not available, and ends, if the child is adopted by someone other than a stepparent. Mass. Gen. Laws ch. 119, § 39D |
| Michigan | A grandparent may ask for a grandparenting time order in specific situations, including when a divorce, separate maintenance or annulment between the parents is pending or has been granted; when the grandparent's child (the child's parent) has died; when the parents never married, do not live together, and paternity has been legally established; when someone other than a parent has legal custody or the child lives outside a parent's home; or when the grandparent provided an established custodial environment in the past year. The grandparent files a motion or complaint with an affidavit, and the parents may file opposing affidavits. MCL 722.27b |
| Minnesota | Grandparents may be granted reasonable visitation if it is in the child's best interests and would not interfere with the parent-child relationship: when a parent of the child has died (for that parent's parents and grandparents); during or after a divorce, custody, legal separation, annulment or parentage case (for the parents or grandparents of a party); or when the child lived with the grandparents or great-grandparents for 12 months or more and was then removed by the parents. The court considers the amount of past contact. A denied motion cannot be refiled for six months, and these rights do not apply if the child is adopted by someone other than a stepparent or grandparent. Minn. Stat. § 257C.08 |
| Mississippi | When a court awards custody of a child to one parent, ends one parent's rights, or a parent dies, that parent's parents may ask the court for visitation. Other grandparents may petition if they had a viable relationship with the child and the parent or custodian unreasonably denied visitation, and visitation is in the child's best interests. A viable relationship means the grandparent supported the child financially for at least 6 months, had frequent visits including occasional overnights for at least 1 year, or cared for the child while a parent was in jail or on military duty. If the parents show financial hardship, the court must order the grandparents to pay the parents' reasonable attorney's fees. Miss. Code Ann. § 93-16-3 |
| Missouri | A court may grant reasonable grandparent visitation if the grandparent has been unreasonably denied visitation for more than 60 days and: the parents have filed for divorce (grandparents may intervene on visitation); one parent has died and the surviving parent denies visitation to the deceased parent's parents; or the child lived in the grandparent's home for at least 6 months within the 24 months before filing. Grandparents generally may not file if the parents are married and living together with the child. Visitation must be in the child's best interests, the court may consult the child, and rights may end if the child is adopted. RSMo § 452.402 |
| Montana | A district court may grant a grandparent reasonable contact with a grandchild. If a parent objects, the court must first decide after a hearing whether that parent is fit, based on whether the parent adequately cares for the child. Over a fit parent's objection, contact may be granted only on clear and convincing evidence that it is in the child's best interest and that the presumption in favor of the parent's wishes has been rebutted; over an unfit parent's objection, clear and convincing evidence of best interest is required. A grandparent may petition no more than once every 2 years unless circumstances change significantly, and these rights end if the child is adopted by someone other than a stepparent or grandparent. Mont. Code Ann. § 40-9-102 |
| Nebraska | A grandparent may seek visitation if a parent has died, the parents' marriage has been dissolved or a dissolution is pending, or the parents never married but paternity has been established. The court may grant reasonable visitation only on clear and convincing evidence of a significant beneficial relationship, that continuing it is in the child's best interests, and that visitation will not adversely interfere with the parent-child relationship. Neb. Rev. Stat. § 43-1802 |
| Nevada | Grandparents and great-grandparents (and other children of either parent) may seek reasonable visitation if a parent has died, the parents divorced or separated, an unmarried parent cohabited and is deceased or separated, or parental rights were relinquished or terminated. They may file only if a parent has denied or unreasonably restricted visits, and must then overcome a presumption that visitation is not in the child's best interests by clear and convincing evidence. NRS 125C.050 |
| New Hampshire | Grandparents may petition for reasonable visitation. The court considers whether visitation is in the child's best interest, whether it would interfere with the parent-child relationship, the nature of the grandparent's relationship with the child, friction between grandparent and parent, and the child's wishes. The section does not apply where the grandparent's access was already restricted before or at the time of the event (such as divorce or death) that broke up the nuclear family. RSA 461-A:13 |
| New Jersey | A grandparent or sibling of a child living in New Jersey may apply for visitation and must prove by a preponderance of the evidence that visitation is in the child's best interests. The court considers the applicant's relationship with the child and the parents, the time since last contact, the effect on the parent-child relationship, the parents' time-sharing arrangement, the applicant's good faith, any history of abuse or neglect by the applicant, and other relevant factors. Having been a full-time caretaker of the child is prima facie evidence that visitation is in the child's best interest. N.J.S.A. 9:2-7.1 |
| New Mexico | When granting a divorce, legal separation or parentage judgment (or any time after), the district court may grant a grandparent reasonable visitation that does not conflict with the child's education or existing time-sharing. A grandparent may also petition if one or both parents have died, or if the child lived with the grandparent for a set period (at least three months for a child under six, or at least six months for an older child) and was then removed from the grandparent's home. NMSA 1978 § 40-9-2 |
| New York | A grandparent may ask the court for visitation with a minor grandchild living in New York if either or both parents have died, or where conditions exist in which equity would see fit to intervene; the court may order visitation if it is in the child's best interest. A grandparent may seek custody by showing extraordinary circumstances, which include an extended disruption of custody (such as a parent voluntarily giving up care of the child for at least 24 continuous months while the child lived in the grandparent's home). N.Y. Domestic Relations Law § 72 |
| North Carolina | A custody order may give visitation rights to any grandparent as the court deems appropriate. After custody has been decided, grandparents may seek custody or visitation by motion upon a showing of changed circumstances. Grandparent includes a biological grandparent of a child adopted by a stepparent or a relative with a substantial relationship, but not biological grandparents of a child adopted by unrelated adoptive parents after both parents' rights were terminated. N.C. Gen. Stat. §§ 50-13.2(b1), 50-13.5(j) |
| North Dakota | North Dakota's former grandparent visitation statute was repealed in 2019. Grandparents and other nonparents may seek custody or visitation under the Uniform Nonparent Custody and Visitation Act by proving they are a consistent caretaker (lived with and cared for the child for at least 12 months without pay) or have a substantial relationship with the child and denial would harm the child, and that the order is in the child's best interest. A parent's decision is presumed to be in the child's best interest, and the nonparent must rebut it by clear and convincing evidence. N.D. Cent. Code § 14-09-05.1 (repealed); ch. 14-09.4 |
| Ohio | In a divorce, dissolution, legal separation, annulment or child support case involving a child, a grandparent (or other relative or person) may file a motion for companionship or visitation, and the court may grant it if the person has an interest in the child's welfare and visitation is in the child's best interest. Separate statutes let relatives of a deceased parent, and the parents and relatives of an unmarried mother, ask for visitation. Ohio Rev. Code 3109.051(B); 3109.11; 3109.12 |
| Oklahoma | A grandparent may seek court-ordered visitation if it is in the child's best interest and the grandparent shows the parent is unfit, or rebuts by clear and convincing evidence the presumption that a fit parent is acting in the child's best interest by showing the child would suffer harm without visitation. The family must also have been disrupted in a listed way, such as a pending or completed divorce, separate maintenance or annulment, the death of the grandparent's child, a parent's felony incarceration, custody with someone other than a parent, or parents who never married and live apart. Visitation cannot be granted if the child is in an intact nuclear family and both parents object. 43 O.S. 109.4 |
| Oregon | A grandparent (or other person, such as a stepparent or relative) who has a child-parent relationship or an ongoing personal relationship with a child may petition or move to intervene for custody, visitation or contact. The law presumes a legal parent acts in the child's best interest. For an ongoing personal relationship, the presumption must be rebutted by clear and convincing evidence before the court will grant visitation or contact; for a child-parent relationship, a preponderance of the evidence is required. ORS 109.119 |
| Pennsylvania | Grandparents and great-grandparents may seek partial physical custody or supervised physical custody when the child's parent (their child) has died; when their relationship with the child began with a parent's consent or a court order and the parents have started a custody case and disagree about grandparent custody; or when the child lived with them for at least 12 consecutive months and was removed by the parents (the action must be filed within six months of removal). In a case between a parent and a nonparent, the parent is presumed entitled to custody unless rebutted by clear and convincing evidence. 23 Pa.C.S. 5325; 5327(b) |
| Rhode Island | A grandparent whose child has died may petition for reasonable visitation. Any grandparent may also petition the Family Court for visitation; the court must find in writing that visitation is in the child's best interest (considering the relationship, time spent together, benefits and harms, effect on the parent-child relationship, the child's preference if mature enough, and the parents' reasons), that the grandparent is fit, that the grandparent repeatedly tried to visit in the 30 days before filing and was refused by the parents, that there is no other way to visit, and that the grandparent rebutted by clear and convincing evidence the presumption that the parents' refusal was reasonable. R.I. Gen. Laws 15-5-24.1; 15-5-24.3 |
| South Carolina | The family court may order grandparent visitation when one or both parents have died, are divorced, or live separately, if it finds the parents are unreasonably denying visits (including denial for more than 90 days), visitation would not interfere with the parent-child relationship, and either the parents are unfit or there are compelling circumstances, shown by clear and convincing evidence, to overcome the presumption that the parents' decision is in the child's best interest. S.C. Code 63-3-530(A)(33) |
| South Dakota | The circuit court may grant grandparents (including great-grandparents) reasonable visitation, with or without a petition, if it is in the grandchild's best interests and either the visitation will not significantly interfere with the parent-child relationship or the parent or custodian has denied or prevented reasonable opportunity to visit. SDCL 25-4-52 |
| Tennessee | A grandparent may petition for visitation, and a hearing is required if the parent opposes or has severely reduced visits, when: a parent of the child has died; the parents are divorced, legally separated or never married; a parent has been missing at least six months; another state's court ordered visitation; the child lived with the grandparent for 12 months or more and was removed; or the child and grandparent had a significant relationship for 12 months or more that the parent severed for reasons other than abuse or danger, likely causing substantial emotional harm. The court must first find a danger of substantial harm to the child, then decide whether visitation is in the child's best interest. Tenn. Code Ann. 36-6-306 |
| Texas | A biological or adoptive grandparent may file for possession of or access to a grandchild, with an affidavit stating facts showing that denial would significantly impair the child's physical health or emotional well-being. The court may grant it only if at least one parent still has parental rights, the grandparent proves by a preponderance of the evidence that denial would significantly impair the child's physical health or emotional well-being, and the grandparent's own child (the child's parent) has been in jail or prison during the three months before filing, has been found incompetent, has died, or does not have actual or court-ordered possession of or access to the child. Tex. Fam. Code §§ 153.432, 153.433 |
| Utah | A grandparent may petition for visitation in district court, or in a pending divorce or custody case. The court presumes a parent's decision about grandparent visitation is in the child's best interest. A grandparent can overcome this only by clear and convincing evidence that the grandparent acted as a parent-like custodian or caregiver and losing the relationship would substantially harm the child, or that both parents are unfit or incompetent. The court then considers the child's best interest, including the reasonableness of the parent's decision, the child's age, the death or unavailability of a parent, and the wishes of a grandchild 14 or older. Utah Code § 81-9-403 |
| Vermont | A court that is deciding custody or visitation may award visitation to a grandparent on the grandparent's written request if it is in the child's best interests; the grandparent is not a party and cannot appeal. If a parent has died, is physically or mentally incapable of making a decision, or has abandoned the child, a grandparent may file a separate action in Superior Court. Best-interest factors include the emotional ties between grandparent and child, the relationship's nature and value, the parties' moral fitness and health, the child's reasonable preference if old enough, and the grandparent's willingness to encourage the child's relationship with the other parties. 15 V.S.A. §§ 1011–1013 |
| Virginia | Virginia has no separate grandparent statute. A court may award custody or visitation to any person with a legitimate interest, which can include a grandparent, but must give due regard to the primacy of the parent-child relationship and requires clear and convincing evidence that it would serve the child's best interest. If a parent has died or is incapacitated, a grandparent related to that parent may introduce evidence of that parent's consent to visitation; if consent is proven by a preponderance of the evidence, the court may decide whether visitation is in the child's best interest. Va. Code § 20-124.2(B), (B2) |
| Washington | A relative (including a grandparent) who has had an ongoing and substantial relationship with the child, generally for at least two years (or half the life of a child under two), may petition for visitation if the child is likely to suffer harm or a substantial risk of harm without it. A fit parent's decision to deny visitation is presumed to be in the child's best interest; the petitioner must prove by clear and convincing evidence that the child would likely suffer harm without visitation and that visitation is in the child's best interest. Visitation does not give the petitioner parental rights. RCW 26.11.020, 26.11.040 |
| West Virginia | A grandparent may seek visitation by motion in a pending divorce, custody or similar case, or by a separate petition. The court must grant reasonable visitation if it finds visitation is in the child's best interests and would not substantially interfere with the parent-child relationship. Factors include the child's age, the child-grandparent relationship, the parents' relationship with the grandparent, time since last contact, the effect on the parent-child relationship, the parents' custody arrangement, schedules, the grandparent's good faith, any history of abuse or neglect, and whether the child has lived with the grandparent or the grandparent was a significant caretaker. W. Va. Code §§ 48-10-501, 48-10-502 |
| Wisconsin | A grandparent, great-grandparent, stepparent, or person with a parent-like relationship with the child may petition for reasonable visitation, which the court may grant if the parents have notice and visitation is in the child's best interest; whenever possible the court considers the child's wishes. A special grandparent provision applies when the child's parents never married each other and the child has not been adopted: the grandparent must have maintained or tried to maintain a relationship with the child, must not be likely to act against the custodial parent's decisions about the child's welfare, and (for the father's parents) paternity must be established. A person convicted of intentionally killing the child's parent generally cannot get visitation. Wis. Stat. § 767.43 |
| Wyoming | A grandparent (including a great-grandparent) may file an action against the person who has custody of the grandchild to establish reasonable visitation. The court must grant reasonable visitation if, after a hearing, it finds visitation is in the child's best interest and the parents' rights are not substantially impaired. The grandparent pays any guardian ad litem fees. No action may be brought if the child was adopted and neither adoptive parent is related by blood to the child. Wyo. Stat. § 20-7-101 |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.