Most grandparents find the idea of being unable to see their grandchildren inconceivable. In actuality, however, thousands of grandparents have faced the loss of their visitation rights. Some have successfully negotiated, either in or out of court, for grandparent rights, including their right to see their grandchildren. Others have had to face the sad reality of going for years without the prospect of a visit.

The concept of grandparents rights is relatively new and is the product of several factors. These factors include greater longevity, which has given many grandparents larger roles in their grandchildren’s lives, and a rising divorce rate, which in many cases has put those relationships in peril. Grandparents facing the loss of their visitation rights have sought legal relief from a patchwork of laws and legal precedents which vary greatly from location to location. In the United States, grandparents rights are governed primarily by state statute, but no less an authority than the U.S. Supreme Court has weighed in on the subject.

State statutes on the subject of grandparent visitation rights vary from statutes considered to be permissive to those considered to be stringent. The Supreme Court case which applies to grandparenting visitation rights, Troxel v. Granville, involved a Washington State statute governing the rights of third parties to seek court-enforced visitation. Although the statute did not specifically mention grandparents, they were most likely to seek visitation under the statute. The Supreme Court decided that the statute was overbroad, as it required only that such visits be in the best interests of the children. Generally, the court decided that the statute violated a parent’s right to make decisions concerning the care, custody and control of children.

Laws governing grandparents rights are constantly being revisited, and the Supreme