Every state has some law that addresses grandparent visitation rights. The word “rights” can lead to confusion. Grandparents do not automatically have a “right” to visitation. Parents do have a legal right to make decisions about the raising of their children. That right would extend to determining whether their child would have contact with particular people or places – including grandparents. There is special consideration given to grandparents who are the parents of a deceased parent. Courts may give consideration to the existence of an existing relationship between grandparents and a child.

The grandparent visitation states of the various states provide for visitation. It is not a shared custody arrangement. The order doesn’t confer any decision making authority beyond the visitation. Grandparents should consider that suing someone, which is what you are doing when you ask the court to order visitation, is not a great way to build a relationship.

Grandparents should consider that if they are successful in obtaining an order for visitation, which is contrary to the wishes of the parents, a request for more than is ordered likely won’t be well received. In other words, seeking a court order really is a last resort. Appellate opinions in a number of states have explained that grandparent visitation orders are more likely if the grandparents won’t receive any visits without the order. If the question is not whether visits will occur, but on whose terms, an order is not appropriate.