Do Grandparents Have Visitation Rights

General Forum
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Hi everyone,

I’m curious about grandparents’ rights when it comes to visiting their grandkids. Do grandparents have any legal visitation rights? What’s the process like if they want to get those rights established?

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In the USA, grandparents’ visitation rights can vary significantly from state to state. Generally, grandparents do not have an automatic legal right to visit their grandchildren.

However, they can petition the court for visitation rights under certain circumstances. The circumstances include:

  • If the parents are separated or divorced.
  • If one or both parents have passed away.
  • If a divorce petition has been filed.
  • If the parents have lost custody of the child.
  • If the child is born out of wedlock.
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While grandparents’ rights are recognized in all 50 states, about 20 of them have laws pertaining to restricted visitation. In many states, such as Alabama and Georgia, a grandparent can only ask the court for visiting rights in the event that the child’s parents are divorcing or if one or both of them pass away.