Grandparents Rights in Every State?

Grandparent rights in Florida, Ohio Grandparent Rights, Grandparents Rights in Texas, why are they all different? Whether you’re talking about issues like estate planning, grandparent rights or other elder law-related issues, part of the difficulty is that each of the states has quite a bit of leeway to do as they see fit. For example, the rules regarding grandparent rights in Florida can be very different from the rules regarding grandparent rights in Wisconsin. If you want to be able to advocate effectively for your right to have visitation with your grandchildren, you need to look at both federal issues as well as state issues.

Troxel v. Granville

One of the most important court decisions surrounding grandparent visitation was the 2000 Supreme Court ruling in Troxel v. Granville. This case is usually considered to be a significant blow to visitation rights in that it doesn’t create a federal mandate to force states to grant visitation. Of course, the decision doesn’t dictate to the various states how they must or must not grant or allow grandparent visitation, either. What it does is put the onus on the states to decide what exactly grandparent rights in Texas should look like versus what grandparent rights in Ohio should look like, within certain limitations. The essence of this Supreme Court decision was that “fit parents” have the best interests of their children at heart. Therefore, those parents should have the right to determine who their children have visitation with; separate from any interference or direction from the states. After this decision was handed down, many of the states had to either amend or rewrite their state grandparent visitation rights laws to come into compliance with the ruling.

Troxel v. Granville isn’t likely to be the final Supreme Court decision on grandparent visitation, either. The decision was a plurality decision, meaning that a few of the justices agreed, others had concurring but different opinions, and still others dissented.

Intact families vs. non-intact families

Most of the time, grandparent laws in the various states state that grandparents can only file suit for visitation if the family has experienced a disruptive circumstance such as the death of one of the spouses or a divorce. A family that’s intact (that is, having a married couple) is considered to have the ability to make decisions about grandparent visitation.
In families where there aren’t two married parents, the burden of proof is usually on the grandparents. They need to be able to provide “clear and convincing” evidence that having grandparent visitation would be in the child’s best interest.

How Troxel v. Granville is playing out in the states?

By looking at a couple of states, we can get a good idea of how this Supreme Court decision has impacted elder law around the country. Grandparent rights in Wisconsin are particularly interesting. To start with, grandparents convicted of homicide are generally forbidden from visitation. According to grandparent rights in Wisconsin, there is even a provision for grandparents who have attempted to have a relationship with a child but have been forbidden by a custodial parent to be able to win visitation. This is unique in that most states require an established relationship between grandparent and grandchild. However, the state directs its courts to also make sure that the grandparent granted visitation will have to abide by the parents’ decisions regarding the child’s welfare.

Grandparent rights in Florida are quite a different story, and more in a state of flux. The Supreme Court in that state has declared that certain parts of Florida law regarding grandparent visitation are unconstitutional, yet the Florida legislature hasn’t yet removed those laws from the books or replaced them. The laws on the books instruct a court to look at a quite lengthly list of factors when trying to decide if grandparent visitation is in the best interests of the child. Even issues like the mental or physical health of the child and grandparents have to be taken into account, according to the list.
If you’re concerned about your grandparent rights, you’re going to need to do some research to see exactly how Troxel v Granville has impacted grandparent rights in your state.