ABA Family Legal Guide

Family Law

3.4 Separation, Annulment, and Divorce

Grandparents and Stepparents

What are grandparents' rights to visitation?

Although all states had statutes allowing grandparents to seek visitation with their grandchildren, the U.S. Supreme Court issued a ruling in 2000 that will make it more difficult for grandparents to obtain court-ordered visits with their grandchildren. In the case of Troxel v. Granville, the Court found that fit parents should be given more deference on decisions regarding with whom the child will associate than was provided by the Washington State law. The Court left open the possibility that some grandparents could obtain court-ordered visitation if, for example, the grandparents can show that they had a particularly strong relationship with their grandchildren, it would harm the child not to continue the relationship, and it is in the child's best interest to continue. The burden of proof is on the grandparents.