50 states
Currently, all 50 states have some type of “Grandparent Visitation Statute” through which grandparents can petition a court to grant them the legal right to visitation. Some states will grant visitation only if the child’s parents are divorcing.

All 50 states and D.C. currently have some type of “grandparent visitation” statute through which grandparents—and sometimes others (foster parents and stepparents, for example)—can ask a court to grant them the legal right to maintain their relationships with beloved children.

When can grandparents get custody of a grandchild?

If the grandparents are not the only relatives able and willing to care for the child, the court determines who is the best individual to have custody based on the child’s best interests. The grandchild and custodial parent were already living with the grandparents.

How old do you have to be to get custody of a child?

There is no set age when children can decide where they live or who they spend time and communicate with. The law considers a child’s emotional and intellectual maturity and age when considering their wishes. Breaching a court order is very serious.

How many grandparents can a child have under Family Law Act 1975?

A child usually has four biological grandparents (whether living or deceased) but may also have non-biological grandparents. The Family Law Act 1975 (Cth) recognises that children have a right to maintain regular communication with those who are considered important to their welfare, care, and development.

What should be considered when making child custody arrangements?

The law’s main concern is to ensure that a child’s best interests are met by being protected from physical or psychological harm (the highest priority) and having both parents involved meaningfully in their lives. A court considers many factors when deciding what types of arrangements are in a child’s best interests.