Grandparents don’t have an automatic right to visitation, so they must first prove that there is a pre-existing bond between them and their grandchildren and that granting visitation would be in the best interest of the children.
They must also overcome the presumption that the parents have the right to decide who their children see. Grandparents can file a petition for visitation with the court if one of the following conditions applies:
The parents are divorced, separated, or living apart
One of the parents has been absent, deceased, or incarcerated
One of the parents joins the grandparents’ petition
The child does not live with either parent
The child has been adopted by a step-parent