All 50 states provide some rights for grandparents to gain custody or receive court-mandated visitation with their grandchildren, says Grandparents.com. Most laws that concern grandparents' rights are less than 35 years old. Several courts ruled that state laws giving visitation rights to grandparents are unconstitutional.
Grandparents who want legal visitation rights should consult the status of legislation on grandparents' rights in the states involved, as stated by Grandparents.com. Some states compare the grandparents' requests for visitation to a set of determining factors, while other states do not. If the parents oppose the visitation, they may present allegations and evidence of abuse or neglect against the grandparents. Courts typically weigh all elements against the best interests of the child.