Introduction
Most grandparents today have no idea of the many new laws regarding grandparents’ rights in custody cases. Thus, they live in fear of losing contact with their grandchildren. Even though there are some new laws, such as Florida’s HB 1119, which were designed to help, it is very important for grandparents to know their rights. This new guide is designed to help grandparents in knowing their rights and how to protect the bond they have with their grandkids in today’s environment of ever changing laws and custody battles.
Explore the Legal Framework of Grandparents' Rights
A long hard road exists for grandparents in search of rights to their grandchildren and often further strained family relationships exist along the way. These rights vary from state to state. In essence, the various laws governing the rights of grandparents in every state need to be familiarized by interested grandparents, grand relatives, or even great grandparents to assure appropriate relationships with grandchildren. Recently, the legal rights of the grandparents of children who have lost one parent due to the criminal actions of the other parent have been determined. A recently enacted law in Florida affords the grandparents of such children various rights and under certain circumstances even visitation rights with their grandchildren. To illustrate, in situations in which one parent of a child has been criminally responsible for the death of the other parent of the child, a rebuttable presumption of access by the grandparents of the child or the parents of the other parent of the child will apply in any subsequent proceeding for custody of the child. The law was signed into law by Florida Governor Ron DeSantis recently and the aforementioned law became effective on June 24, 2023, as part of HB 1119 recently enacted.
The legal rights of grandparents in Florida have recently changed as Governor Ron DeSantis signed HB 1119 into law on June 24, 2023. This new law, which will be applied in certain circumstances, sets up a rebuttable presumption of access when one parent is criminally responsible for the death of the other parent. For example, children of a mother who was murdered by her husband would allow their grandparents to have access to the children.
These laws and regulations must be acknowledged and given proper attention. For example, N.C. Gen. Stat. § 50-13.5(j) sets forth the definition of “grandparent” for purposes of this statute and that includes the biological or adoptive parents of a child’s mother and the biological or adoptive parents of a child’s father in situations where the child has been adopted by a stepparent or by a relative of the child’s parent(s). In Florida, where a child’s parents are deceased, missing, or in a persistent vegetative state, a grandparent may have access to the children of the parent who is deceased, missing, or in a persistent vegetative state.
There are increasing numbers of grandparents seeking custody of their grandchildren with whom they want to form close relationships. As recently as March 2017, the constitutional rights of a mother and her children were severely affected by the trial court’s decision to grant access to the children’s paternal grandparents and relatives over the mother’s and children’s objections. The growing support for laws permitting grandparents’ rights to visitation with their grandchildren is a significant development.
Understanding the laws and gaining knowledge on the specific laws of your state can be of the utmost value to form a great relationship with your grandchild.
Identify Grandparents' Rights Across Different States
Getting Familiar with the Rights of Grandparents and the Privileges that Grandparents are Granted in order to Interact with their Grandchildren. A huge disparity exists between the privileges that Grandparents of children in different states are granted to interact with their Grandchildren. It is well understood that huge differences exist not only between the rights of Grandparents in the different states, but also that many judicial decisions deal with the rights of Grandparents to Interact with their Grandchildren. Thus, this article will help to list and describe the rights of Grandparents from all across the Country, specifically listing and describing the rights of Grandparents from three of the most populated states in the Country: California, Texas and North Carolina.
North Carolina grandparents would be able to seek out access to their grandchildren if the grandparent(s) could show that it would be in the best interest of the child. Access could be granted in situations where the parents of the child are divorced or in cases of a separation. Similarly, in the state of Florida, the visitation rights of Florida grandparents can be considered by a court where the grandparents seek visitation with their grandchild(ren) and they can show substantial harm to the child where they are denied such visitation.
Acquiring knowledge and resources about grandparent rights and how to locate resources such as a family law attorney that specializes in elder relatives in family law cases is key to reaching a family law goal.
Navigate the Process of Asserting Grandparents' Rights
Going to Court for Your Grandchild: A Step by Step Guide. The process of going to court for your grandchild typically begins with the filing of a petition in the family court in which the child resides. In the petition, you outline your relationship to the child and why you want visitation or custody of the child. To support your case, you need to gather lots of evidence that supports your claim of having a good relationship with your grandchild. To gather the evidence needed for your case, gather lots of photos and messages to and from the child, and as many more examples of the many positive interactions you have had with your grandchild. Remember when you go to Court for your grandchild that the Court focuses on what is in the best interests of the child and you will want to present your case in the best possible light to reach a positive resolution for you and your grandchild.
As stated earlier, in North Carolina, the process of how a grandparent can intervene in a custody dispute between parents and get contact with their grandchild can vary from situation to situation. This is why, as soon as a custody dispute arises between the parents of a child, a grandparent can file a motion to intervene in the dispute in order to seek contact with their grandchild. Usually, however, a grandparent will intervene in a custody dispute that is already active before the court, in order to protect the best interests of the child. This, however, can be a difficult process, especially if the parents of the child are in dispute with each other.
A grandfather in Florida recently gained legal rights to request access to his grandchildren in situations where a parent of the child has died, is missing or in a persistent vegetative state. For example, a grandfather would have legal rights to request access to his grandchildren in the following situations:
- The father of the child is in prison for the criminal caused death of the mother of the child.
- A grandfather can seek access when the father of the child is deceased, missing or in a persistent vegetative state.
There will be a rebuttable presumption of visitation in these situations, and a grandfather seeking access would be well advised to have sufficient evidence to support his claims and to retain the services of experienced family law attorneys to assist him in the proceedings and to be aware of the costs associated with the proceedings.
Seeking to be involved in your grandchild’s life can bring new energy to helping your family grow together by approaching it with clear and compassionate intent.
Understand Challenges in Pursuing Grandparents' Rights
It is very difficult for an older family member to get visitation rights. When both parents are fit and able to make good decisions for their children, grandparents are often left feeling helpless in simple situations in which they wish to have access to their grandchildren or even consider custody. Even though a grandparent may have the very best interests of their grandchild at heart, fit parents can sometimes oppose their older relatives’ attempts for visitation rights or even for custody of their grandchildren.
To show the amount of interaction you have with your grandchild, documentation of your interaction can and will be used. The interaction with your child is very important to show that visitation with you would be in the best interest of your grandchild. Lists of phone calls, letters, contacts with family and friends, videotapes, and other statements or testimonies from family members and even your neighbors can be used as proof of your regular interaction with your grandchild.
Many grandparents are shocked to discover that the process of obtaining visitation rights to see their older family members can be a long, arduous and costly process. Moreover, as the fit parents of children are generally considered to be the best parents for children, grandparents often find themselves in a struggle against fit parents and their relatives to have access to and/or custody of their grandchildren. As a result, many grandparents are forced into legal battles for visitation or even custody of their grandkids, often against their will. Even when grandparents are motivated by the very best interests of their grandkids, parents of children can resist grandparents’ visitation rights or even their custody rights.
It is also very important to note that the process of trying to obtain visitation rights to an older relative can be very stressful, physically and emotionally, for all parties involved in the case. At Vasquez Law Firm, we are committed to providing our clients with the support, guidance, and resources that they need in order to carry out their interests and to reach their desired outcome in any matter, including matters involving family law. Here, we will discuss ways in which family law matters, including those in which grandparents are seeking to obtain visitation rights to their relatives, can be alleviated of stress, tension, and heartache. Specifically, we will be discussing family counseling and mediation.
Family can be tough, and, even after identifying the legal obstacles grandparents face, those older family members can experience significant stress when attempting to get visitation rights for their loved ones. So remember that grandparents have been in your shoes and with support from a qualified family law attorney, have developed various strategies and can aid grandparents in addressing their various concerns.
Conclusion
While it may seem like an uphill battle to understand the rights of grandparents and then to fight for them, there are many resources for grandparents as well as for attorneys. Finding out about the changes in the laws that pertain to the rights of grandparents and learning about your rights and the process that needs to take place in order to achieve your goals is crucial.
Above, we explained in detail the many rights of grandparents and exposed the many difficulties that they face in trying to maintain a relationship with their grandchildren. However, with the help of many resources, including this website, as well as the many knowledgeable and experienced attorneys who specialize in this area of law, grandparents can be assured that they are doing everything that they can in order to assert their rights to have a close relationship with their grandchildren.
In trying to achieve their goals, grandparents must be aware of the rights of grandparents and the process of asserting such rights in order to have a close relationship with their grandchildren. With lots of compassion and a good knowledge of the laws, grandparents can find the right attorneys to work with in order to achieve their goals.
Frequently Asked Questions
What are grandparents' rights regarding their grandchildren?
Grandparents' rights vary by state and can include visitation rights and custody under certain circumstances, particularly when one parent is deceased or unable to care for the child.
What recent changes have occurred in Florida regarding grandparents' rights?
On June 24, 2023, Florida Governor Ron DeSantis signed HB 1119 into law, establishing a rebuttable presumption of access for grandparents when one parent is criminally responsible for the death of the other parent.
Can grandparents in Florida gain access to their grandchildren if one parent has been criminally responsible for the other parent's death?
Yes, under the new law, grandparents may have visitation rights in such cases, allowing them to maintain relationships with their grandchildren.
What does N.C. Gen. Stat. § 50-13.5(j) define as a "grandparent"?
It defines a grandparent as the biological or adoptive parents of a child's mother or father, including situations where the child has been adopted by a stepparent or relative.
Under what circumstances can grandparents in Florida gain access to their grandchildren?
Grandparents may gain access if the child's parents are deceased, missing, or in a persistent vegetative state.
Why is it important for grandparents to understand the laws regarding their rights?
Understanding these laws is crucial for grandparents to form and maintain strong relationships with their grandchildren and to navigate any legal challenges that may arise.
List of Sources
- Explore the Legal Framework of Grandparents' Rights
- NC Court of Appeals rules application of grandparent visitation statutes unconstitutional (https://sog.unc.edu/blogs/civil-side/nc-court-appeals-rules-application-grandparent-visitation-statutes-unconstitutional)
- DeSantis signs grandparents rights measure (https://floridabar.org/the-florida-bar-news/desantis-signs-grandparents-rights-measure)
- Grandparent Visitation & Custody Laws: 50-State Survey (https://justia.com/family/child-custody-and-support/grandparent-visitation-custody-laws-50-state-survey)
- Understanding Grandparents' Rights to Custody and Visitation of a Child in North Carolina - Ward and Smith, P.A. (https://wardandsmith.com/article/understanding-grandparents-rights-to-custody-and-visitation-of-a-child-in-north-carolina)
- Identify Grandparents' Rights Across Different States
- Kentucky Edition | Bill Considers Grandparents' Visitation Rights | Season 4 | Episode 350 (https://pbs.org/video/bill-considers-grandparents-visitation-rights-f37gva)
- Legislation Would Strengthen Grandparent Visitation Rights for Gold Star Families (https://assemblydems.com/m/newsflash/Home/Detail/12709)
- Virginia Grandparents’ Rights Law: 7 Facts (https://ashwell.law/blog/7-key-facts-about-the-new-law-for-grandparents-rights)
- HB23-1026 Family Time For Grandparents | Colorado General Assembly (https://leg.colorado.gov/bills/hb23-1026)
- Grandparents’ Rights in Texas | The Law Office of Jason Wright (https://jasonwrightlaw.com/grandparents-rights-texas)
- Navigate the Process of Asserting Grandparents' Rights
- DeSantis signs grandparents rights measure (https://floridabar.org/the-florida-bar-news/desantis-signs-grandparents-rights-measure)
- What Grandparents Need to Know About Visitation Rights in NC (https://montylaw.com/news-and-articles/2025/october/what-grandparents-need-to-know-about-visitation-)
- FL - S0674 (https://billtrack50.com/billdetail/1913187)
- Grandparent Visitation & Custody Laws: 50-State Survey (https://justia.com/family/child-custody-and-support/grandparent-visitation-custody-laws-50-state-survey)
- Understand Challenges in Pursuing Grandparents' Rights
- What Grandparents Need to Know About Visitation Rights in NC (https://montylaw.com/news-and-articles/2025/october/what-grandparents-need-to-know-about-visitation-)
- Grandparent Visitation & Custody Laws: 50-State Survey (https://justia.com/family/child-custody-and-support/grandparent-visitation-custody-laws-50-state-survey)
- What Challenges Can Grandparents Face Concerning Visitation Rights? (https://claerygreen.com/family-law-blog/2023/may/what-challenges-can-grandparents-face-concerning)
