§PlainStatute

Family · Grandparent visitation

Grandparent Visitation Rights by State: Who Can Petition

When a grandparent can ask a court for visitation in each state, who has standing, what they must prove, and the special weight the court must give a fit parent's decision. Each cited to the statute.

6 of 50 states published. Every state lets a grandparent petition in some situations, but who has standing and what they must prove differ a lot.A fit parent has a constitutional right to decide who sees their child, so every state gives special weight to the parent's wishes. Every page links to the statute.

Read this first: the fit-parent presumption

Grandparents do not have an automatic right to see a grandchild. In Troxel v. Granville, the US Supreme Court held that a fit parent has a fundamental right to decide their child's upbringing, including who the child spends time with. Because of that ruling, every state's grandparent-visitation statute has to give special weight to a fit parent's decision, and a court will not simply substitute its own view of what is best.

So the question is rarely just whether visitation would be nice for the child. A grandparent usually has to clear a threshold first: that a parent has died, that the parents are divorced or separated, or that the child once lived with the grandparent, before the court will even weigh the child's best interest. Some states, like Florida, allow it only in very narrow situations. Every figure links to the statute, and pages still pending verification say so.

Pick your state

The core limit, who has standing, and the statute on each card.

C

CA
California
Yes, in limited circumstances
In this state
Key limitParents not married, or a listed exception applies
Statute§§ 3100, 3104

F

FL
Florida
Rarely, only in narrow cases
In this state
Key limitBoth parents dead, missing, or incapacitated
Statute§ 752.011

I

IL
Illinois
Yes, in limited circumstances
In this state
Key limitUnreasonable denial plus undue harm to the child
Statute750 ILCS 5/602.9

N

NY
New York
Yes, in limited circumstances
In this state
Key limitA parent deceased, or equity sees fit to intervene
Statute§ 72

P

PA
Pennsylvania
Yes, in limited circumstances
In this state
Key limitParent deceased, divorce filed, or child lived with the grandparent 12+ months
Statute§§ 5325, 5328(c)

T

TX
Texas
Yes, but a high bar applies
In this state
Key limitProve denial would significantly impair the child
Statute§§ 153.432, 153.433

What these pages are, and what they aren't

Each state page is a reference for who can petition and the standard the court applies. They are deliberately not advice for your case: standing and the outcome turn on the exact statute, current case law, and your family's facts, so each page links to the statute and a way to find a family-law attorney. This is legal information, not legal advice.