Before even starting the process, it’s important to familiarize yourself with the custody law and regulations in your state.

For instance, state laws may prohibit you from seeking visitation or custody. As a next step, you should consult with an attorney to get a better understanding of the recent rulings as family and custody law are fast-evolving.

Before you submit a petition to the court requesting visitation or custody, you may want to learn more about your chances of winning a case in your state.

Each state has its own laws.

For example, in Texas, a grandparent needs to prove that denying visitation would “significantly impair the child's physical health or emotional well-being” in order to be granted visitation in spite of a parent’s objection.

In Connecticut, any person who has served a parental role is allowed to seek visitation with a child. That’s why it’s so important to consult with a lawyer who knows the laws of each state.

All 50 states have laws pertaining to grandparent visitation rights.

In Hawaii and Florida, the courts have ruled the existing legislation is unconstitutional, leaving grandparents without a clear legal path to visitation, pending new laws. In Washington, the situation was similar until 2021, when the state adopted new legislation.

The laws in each state are different.

In most cases, there will be a visitation hearing, where a judge will likely ask questions about the past and current relationship between the grandparent and the child.

In some states, such as Arizona, legislation is in place that lists specific factors to consider when determining a grandparent’s right to visitation. In other states, this decision is left to the judge’s discretion.

In California, courts restrict a grandparent’s ability to file a petition with the court for visitation, so, in some circumstances, the court may not even have the opportunity to evaluate any factors.

When a child’s parents are alive, they are presumed to have primary custody.

In some cases, parents may decide to transfer the custody of a child to a grandparent if they believe this kind of arrangement would be in the child’s best interest.

In cases where parents object to a transfer of custody, a grandparent would need the court to rule that both parents are unfit or incapable of raising the child.