Introducing parent dating relationships to children
Every statute requires courts to consider the best interests of the child before awarding custody or visitation to grandparents.
Courts in a number of states have ruled that statutes providing for grandparent visitation violate either the federal or the respective state constitutions.
As a service to our readers, has established the American Grandparents Association TM , dedicated to ensuring the best for grandparents and their families.
One goal of the Association is to become a key resource for grandparents who are physically removed from their grandchildren and would like to find a way to visit them.
Adoption cuts off the visitation rights of grandparents unless the adoption decree provides for visitation between the child and the natural relatives.
However, if a the parents of a child born out of wedlock marry, the family is then considered an intact family and is subsequently exempt from these types of suits.
Under a new bill passed in 2016, a biological or adoptive grandparent can sue for visitation if the parents’ relationship has been severed by death, divorce, or legal separation, or if a petition for divorce or legal separation has been filed.
This new law states that the parents’ decision to deny or reduce visitation is presumed correct.
Several states have revised the statutory visitation provisions, but the constitutionality of these statutes may still be in question.
If an intermediate appellate court in a particular state has ruled a visitation statute unconstitutional, it does not necessarily render the statute invalid.