A growing number of states are expanding grandparent visitation rights, recognizing the important role grandparents play in children's lives. Fifteen states have amended their family law statutes in the past two years to lower the burden of proof for grandparents seeking court-ordered visitation.
Under traditional family law, parents have a constitutional right to make decisions about their children's associations, including limiting grandparent contact. The Supreme Court's 2000 Troxel decision set a high bar for overriding parental decisions about visitation.
New state laws create presumptions in favor of grandparent visitation when certain conditions are met, such as a preexisting close relationship with the grandchild, the death or incarceration of a parent, or a finding that visitation would serve the child's best interests.
Family law attorneys report that grandparent visitation cases have increased 40% since the pandemic, when many families experienced estrangement and custody disruptions. The opioid crisis has also driven cases, as grandparents who were primary caregivers seek to maintain contact after children are placed with other relatives.
Critics argue that expanded grandparent rights infringe on parental autonomy, particularly in cases involving family conflict or toxic relationships. Supporters counter that children benefit from multigenerational relationships and that courts can distinguish between beneficial and harmful contact.
