Your rights
Grandparents' visitation rights: what the law allows, state by state
Key points
- The parents decide
- Grandparents have no automatic right to visit. Under Troxel v. Granville, a court reviewing a fit parent's decision must give it special weight.
- Only in listed situations
- A grandparent can ask a court only in situations the state's law lists, such as a parent's death, parents who live apart, or a parent in prison. When the parents are together and agree, the door is mostly closed.
- A high bar
- Texas requires proof that denying visits would significantly impair the child; Florida, parental unfitness or significant harm; California, an existing bond that outweighs the parents' authority.
- Mediation first
- California and Florida send these cases to mediation, and a Texas court may. Asking for custody instead is a separate request with its own rules.
Quick guide
What is your situation?
1. What is your situation?
Which state does the child live in?
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Grandparents in the United States have no automatic right to see their grandchildren. The child's parents decide, and the U.S. Supreme Court has held that a court must give a fit parent's decision special weight. But each of the four states on this page lets a grandparent ask a court for visitation in some situations, such as after a parent's death, when the parents live apart, or when a parent is in prison, and each sets its own conditions.
Below: the Supreme Court's rule, who can ask in California, Texas, Florida and New York, mediation, what courts weigh, asking for custody instead, and what to know before you file. This page explains the law; it is not legal advice about your family.
The starting point: the parents decide (Troxel v. Granville)
In Troxel v. Granville (2000), the U.S. Supreme Court reviewed a Washington law that let any person petition for visitation rights at any time. Two grandparents asked for the right to visit their granddaughters; the girls' mother opposed the petition, although she did not oppose visits altogether. The Court called a parent's interest in the care, custody and control of their children perhaps the oldest of the fundamental liberty interests it recognizes. Troxel v. Granville, 530 U.S. 57 (2000)
- Fit parents are presumed to act in the best interests of their children. Troxel v. Granville
- So long as a parent adequately cares for the children, there will normally be no reason for the state to step into the private realm of the family. Troxel v. Granville
- If a court reviews a fit parent's decision about visits, it must give at least some special weight to the parent's own determination. Troxel v. Granville
The Court called the Washington law breathtakingly broad and held that applying it to the mother violated her right to make decisions about her daughters. It did not decide whether every visitation law must require a showing of harm to the child. States write their own rules within these limits, and the four states below draw them differently. Troxel v. Granville
When a grandparent can ask: the four states side by side
Each state lists the situations in which a grandparent may go to court. Outside them, a petition can't be filed or is dismissed early. Cal. Fam. Code § 3104 · Tex. Fam. Code § 153.432 · Fla. Stat. § 752.011
| Situation | Where the law lets a grandparent ask |
|---|---|
| A parent has died | California and New York. Texas, if the parent who died is the grandparent's own child. Florida only if both parents are deceased, missing or in a persistent vegetative state, or one is and the other has a qualifying felony or violent offense conviction. Cal. Fam. Code § 3102 · N.Y. Dom. Rel. Law § 72 · Tex. Fam. Code § 153.433 · Fla. Stat. § 752.011 |
| The parents are divorced, separated or never married | California, when the parents are not married or live apart on a permanent or indefinite basis, and in the parents' divorce or custody case. Texas, if the grandparent's own child has no actual or court-ordered possession of or access to the child. Not a ground in Florida. New York only where circumstances show that equity would see fit to intervene. Cal. Fam. Code §§ 3103, 3104 · Tex. Fam. Code § 153.433 · Fla. Stat. § 752.011 · N.Y. Dom. Rel. Law § 72 |
| A parent is in jail or prison, or found incompetent | California (a parent incarcerated or involuntarily institutionalized). Texas (the grandparent's own child was in jail or prison in the three months before the petition, or was found incompetent by a court). Florida only in the narrow cases in the first row. New York where equity would see fit to intervene. Cal. Fam. Code § 3104 · Tex. Fam. Code § 153.433 · Fla. Stat. § 752.011 · N.Y. Dom. Rel. Law § 72 |
| The parents are married, live together and say no | Generally not in California, unless one of its listed exceptions applies, such as a parent joining the petition, and not in Florida. In Texas, only through the grandparent's own child's situation above. New York only where equity would see fit to intervene. Cal. Fam. Code § 3104 · Fla. Stat. § 752.011 · Tex. Fam. Code § 153.433 · N.Y. Dom. Rel. Law § 72 |
| The child was adopted | Adoption by someone other than a stepparent or grandparent ends a California request under the death rule; California allows a petition after a stepparent adoption. In Texas, a grandparent can't ask once both parents have died or lost or given up their rights and the child is adopted, or being adopted, by someone other than a stepparent. In Florida, a stepparent or close relative who adopts may ask the court to end a visitation order. Cal. Fam. Code §§ 3102, 3104 · Tex. Fam. Code § 153.434 · Fla. Stat. § 752.071 |
If you are raising your grandchild and want legal decision-making rights, not just visits, see asking for custody instead below.
California
California has two routes. If either parent has died, that parent's parents, children and siblings may be granted reasonable visitation if it is in the child's best interest. Otherwise, a grandparent files a petition, and the court may grant reasonable visitation only if it does both of these: Cal. Fam. Code §§ 3102, 3104
- It finds a preexisting relationship between grandparent and grandchild that has engendered a bond, so that visitation is in the child's best interest.
- It balances the child's interest in visiting the grandparent against the parents' right to exercise their parental authority. Cal. Fam. Code § 3104
While the parents are married, a petition can be filed only if the parents live apart on a permanent or indefinite basis, a parent has been gone for more than one month without the other spouse knowing where, a parent joins the petition, the child lives with neither parent, the child was adopted by a stepparent, or a parent is incarcerated or involuntarily institutionalized. If none of these applies anymore, the parents can ask the court to end the visits, and the court must. Cal. Fam. Code § 3104
Two presumptions work against the grandparent: visitation is presumed not to be in the child's best interest if both parents agree it shouldn't happen, or if the parent with sole legal and physical custody, or the parent the child lives with when there is no custody order, objects. The grandparent can try to overcome them with evidence. Cal. Fam. Code § 3104
In the parents' own divorce, separation or custody case, a grandparent may ask for visitation in that case, with notice to each parent by certified mail. A former legal guardian of the child may also ask for visits. Cal. Fam. Code §§ 3021, 3103, 3105
Texas
Texas law does not give grandparents an absolute right to visit their grandchildren. A biological or adoptive grandparent may file an original suit, or a suit to change an existing order, known as a SAPCR (suit affecting the parent-child relationship). Texas State Law Library: Grandparents' Rights · Tex. Fam. Code § 153.432
The suit must include an affidavit, with supporting facts, alleging that denying access would significantly impair the child's physical health or emotional well-being. The court dismisses the suit unless those facts, if true, would be enough. Tex. Fam. Code § 153.432
To order visits, the court must find all three of these: Tex. Fam. Code § 153.433
- At least one biological or adoptive parent still has parental rights.
- The grandparent has overcome the presumption that a parent acts in the child's best interest, by proving by a preponderance of the evidence that denying access would significantly impair the child's physical health or emotional well-being.
- The grandparent is the parent of a parent who was in jail or prison in the three months before the petition, has been found incompetent by a court, is dead, or does not have actual or court-ordered possession of or access to the child.
An order made over a parent's objection must state these findings specifically. Tex. Fam. Code § 153.433
Florida
Florida's law is the narrowest of the four. A grandparent may petition only if both parents are deceased, missing or in a persistent vegetative state, or if one is and the other has been convicted of a felony or an offense of violence showing behavior that poses a substantial threat of harm to the child. Fla. Stat. § 752.011
- Preliminary hearing. The grandparent must make a prima facie showing of parental unfitness or significant harm to the child. Without it, the court dismisses the petition and may order the grandparent to pay the parent's reasonable attorney fees and costs.
- Mediation. If that showing is made, the court may appoint a guardian ad litem and refers the case to family mediation.
- Final hearing. If mediation doesn't resolve it, the court may award reasonable visitation only on clear and convincing evidence of unfitness or significant harm, that visits are in the child's best interest, and that they won't materially harm the parent-child relationship.
There is one presumption for grandparents: if one parent was held criminally liable for the death of the other, or civilly liable for an intentional tort causing it, reasonable visitation is presumed for the deceased parent's parent. A grandparent may file an original petition only once in any 2-year period, unless the child is suffering, or may suffer, harm that was not known before. Fla. Stat. § 752.011
New York
New York's law is shorter and broader. Where either or both of a child's parents are deceased, or where circumstances show that conditions exist which equity would see fit to intervene, a grandparent may apply to the supreme court, and the court may give directions for visitation as the best interest of the child may require. N.Y. Dom. Rel. Law § 72
The case starts with a writ of habeas corpus to have the child brought before the court, after due notice to the parent. Grandparents can also bring it in Family Court. N.Y. Dom. Rel. Law § 72 · N.Y. Fam. Ct. Act § 651
Because Troxel requires special weight for a fit parent's decision, a New York court that hears the request still weighs the parents' choice. Troxel v. Granville
Mediation before court
Two of the four states send grandparent visitation to mediation, and the courts encourage it before any case is filed:
- California: if a grandparent petitions for visitation, the court must set the matter for mediation. The courts' self-help guide suggests considering a private mediator or counselor first: if mediation works out, it can avoid court and is more likely to help you build a better relationship. Cal. Fam. Code § 3171 · California Courts: grandparent visitation
- Florida: it is the state's public policy that families resolve differences over grandparent visitation within the family, using mediation when they can't; after a petition, the court refers the case to family mediation if it is available in that circuit. Fla. Stat. § 752.015
- Texas: the court may refer the case to mediation, on the parties' written agreement or on its own. A mediated settlement agreement is binding if it says, prominently, that it is not subject to revocation and is signed by each party and any attorney present. Tex. Fam. Code § 153.0071
California's courts also note that a court case can often cause tension with the child's parents, and that the judge may not order the visits you want. California Courts: grandparent visitation
What the court looks at
Every state looks at the child's best interest, but with the parent's decision weighted, and each names its own test. California needs an existing bond, weighed against the parents' authority; Texas, proof that denying visits would significantly impair the child. Florida's law lists the most factors: Cal. Fam. Code § 3104 · Tex. Fam. Code § 153.433 · Fla. Stat. § 752.011
- The love, affection and emotional ties between the child and the grandparent.
- The length and quality of the past relationship, including regular care and support the grandparent gave.
- Whether the grandparent had ongoing contact with the child before the parent died or went missing.
- The reasons the parent gave for ending contact.
- Any significant and demonstrable harm to the child from the disruption in the family, and whether the grandparent's support could prevent more.
- The child's and the grandparent's health, the guardian ad litem's recommendations and any psychological evaluation.
- The child's preference, if mature enough, and any written statement by the deceased parent about visits.
Florida also weighs harm to the parent-child relationship, starting with past disputes between the grandparent and the parent over childrearing. In California, a protective order against the grandparent leads the court to consider whether visits should be denied. Fla. Stat. § 752.011 · Cal. Fam. Code § 3104
If there is a safety concern, a judge can limit a grandparent's access, and a domestic violence restraining order can protect a child. See restraining orders. California Courts: grandparent visitation
Asking for custody instead of visitation
Custody is a separate request, for grandparents who are raising a grandchild or believe the child is not safe with the parents. The bar is higher still:
- California. In a guardianship, a grandparent can get custody, meaning legal decision-making rights, not just visitation. See guardianship.California Courts: grandparent visitation
- Texas. A grandparent may file an original suit for managing conservatorship if the order is necessary because the child's present circumstances would significantly impair the child's physical health or emotional development, or if both parents, the surviving parent or the managing conservator filed or consented. A grandparent may also intervene in a pending case on the same impairment showing.Tex. Fam. Code § 102.004
- Florida. An extended family member, which includes a relative of the child within the third degree, such as a grandparent, can ask for temporary or concurrent custody with the parents' signed, notarized consent, or while caring full time for the child as a substitute parent. If a parent objects, temporary custody is granted only on clear and convincing evidence that the parent is unfit, and concurrent custody can't be granted.Fla. Stat. §§ 751.011, 751.02, 751.05
- New York. A grandparent may ask for custody by showing extraordinary circumstances, which can include a prolonged separation: at least 24 continuous months in which the parent voluntarily gave up care and control and the child lived with the grandparent. The court may find extraordinary circumstances after a shorter time, too.N.Y. Dom. Rel. Law § 72
See child custody for how courts decide custody between parents, and child support if you are caring for the child.
Before you file
A few practical points, from the laws and the courts' own guidance:
- Notice. In California, the petition must be personally served on each parent, any stepparent and anyone with physical custody of the child. Cal. Fam. Code § 3104
- Where. California's free Self-Help Center in the county where your grandchild lives can answer questions and may have sample forms. California Courts: grandparent visitation
- The affidavit. In Texas, the suit is dismissed unless your sworn facts, if true, would show significant impairment. Tex. Fam. Code § 153.432
- Cost of losing early. In Florida, a petition dismissed at the preliminary hearing can leave you paying the parent's attorney fees and costs, and you can file only once in 2 years. Fla. Stat. § 752.011
- Money and support. A California court that orders visits may also count them in child support, or order a parent or grandparent to pay visiting costs such as transportation. Cal. Fam. Code § 3104
Talking things over, or mediation, comes before any of this in the courts' own advice. Pressure on the parent is not part of the law's process: the steps are notice, mediation and, if needed, a hearing. California Courts: grandparent visitation · Fla. Stat. § 752.015
Checklist
Before you file
Tick each point as you get it ready.
Every point comes from this page and its official sources. Your ticks are not saved or sent anywhere. Not legal advice.
Getting help
The free Self-Help Center in the county where your grandchild lives can explain the California process; the Texas State Law Library lists the Texas statutes and forms; a lawyer can also help. California Courts: grandparent visitation · Texas State Law Library: Grandparents' Rights
Common questions
Do grandparents have visitation rights?
Not automatically. The parents decide, and a court must give a fit parent's decision special weight. But California, Texas, Florida and New York let a grandparent ask a court in situations their laws list, such as a parent's death.
Can grandparents sue for visitation?
Yes, in the situations their state lists. California needs an existing bond weighed against the parents' authority; Texas, proof that denying visits would significantly impair the child; Florida, evidence of parental unfitness or significant harm.
What did Troxel v. Granville decide?
In 2000, the Supreme Court held that applying Washington's broad visitation law to a mother no one had found unfit violated her right to make decisions about her children. A court must give at least some special weight to a fit parent's decision.
What are grandparents' rights in California?
A grandparent can ask if a parent has died, or if the parents are not married or live apart, a parent is incarcerated, the child lives with neither parent, or a parent joins. The court needs an existing bond and weighs it against the parents' authority. Mediation comes first.
What are grandparents' rights in Texas?
Your own child, the child's parent, must have died, been in jail or prison in the three months before you file, been found incompetent, or lack possession of or access to the child. You must also prove that denying visits would significantly impair the child.
What are grandparents' rights in Florida?
Narrow: only if both parents are deceased, missing or in a persistent vegetative state, or one is and the other has a qualifying conviction. You then need proof of unfitness or significant harm, and the case goes to mediation.
What are grandparents' rights in New York?
A grandparent may ask the court for visitation if a parent has died, or where circumstances show that equity would see fit to intervene. The court decides by the child's best interest, giving the parents' decision special weight.
Can a grandparent get custody of a grandchild?
Sometimes: through guardianship in California, a managing conservatorship suit in Texas if the child would otherwise be significantly impaired, temporary custody in Florida, or extraordinary circumstances in New York, such as a 24-month separation in which the child lived with you.
Do we have to try mediation first?
In California, the court sets a grandparent's visitation petition for mediation, and Florida refers these cases to family mediation where it is available. A Texas court may order mediation. Many families also try a private mediator before filing.
Official sources
- Troxel v. Granville, 530 U.S. 57 (2000), U.S. Reports (Library of Congress) loc.gov
- California Courts Self-Help Guide: Grandparent visitation in California selfhelp.courts.ca.gov
- California Family Code § 3102: visitation when a parent has died leginfo.legislature.ca.gov
- California Family Code § 3103: grandparent visitation in a divorce or custody case leginfo.legislature.ca.gov
- California Family Code § 3104: grandparent's petition for visitation leginfo.legislature.ca.gov
- California Family Code § 3105: visitation by a former legal guardian leginfo.legislature.ca.gov
- California Family Code § 3021: the proceedings that § 3103 covers leginfo.legislature.ca.gov
- California Family Code § 3171: mediation of stepparent and grandparent visitation leginfo.legislature.ca.gov
- Texas Family Code, Chapter 153 (§§ 153.0071, 153.432-153.434: mediation; grandparent possession or access) tcss.legis.texas.gov
- Texas Family Code, Chapter 102 (§ 102.004: standing of grandparents) tcss.legis.texas.gov
- Texas State Law Library: Grandparents' Rights, Visitation guides.sll.texas.gov
- Florida Statutes § 752.011 (2026): petition for grandparent visitation flsenate.gov
- Florida Statutes § 752.015 (2026): mediation of visitation disputes flsenate.gov
- Florida Statutes § 752.071 (2026): effect of adoption by a stepparent or close relative flsenate.gov
- Florida Statutes § 751.011 (2026): definitions (extended family member) flsenate.gov
- Florida Statutes § 751.02 (2026): temporary or concurrent custody proceedings flsenate.gov
- Florida Statutes § 751.05 (2026): order granting temporary or concurrent custody flsenate.gov
- New York Domestic Relations Law § 72: visitation and custody for grandparents nysenate.gov
- New York Family Court Act § 651: Family Court jurisdiction over grandparent visitation and custody nysenate.gov
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.