2025 & 2026 Updates  - 2023 Grandparent Rights Trends, Updates and Grandparen Rights Law Stories

In 2025, the legal landscape for grandparent rights in the United States continues to evolve, balancing the constitutional rights of parents with a growing legislative recognition of the "best interests of the child."

While the U.S. Supreme Court’s 2000 ruling in Troxel v. Granville remains the "North Star"—establishing that fit parents have a fundamental right to make decisions for their children—many states have introduced new statutes to clarify when and how a court can intervene.

1. The Growing Divide: Permissive vs. Restrictive States

As of 2025, states are increasingly diverging into two camps based on how they handle visitation petitions:

• Permissive States: Allow grandparents to petition for visitation even if the family unit is "intact" (the parents are still married). The court focus is primarily on whether the grandparent has a significant, pre-existing bond and if the child's well-being would suffer without it.

• Restrictive States: These states (e.g., Alabama, Georgia, Indiana) generally only allow petitions if there has been a "major family disruption."

  • Common "Disruption" Triggers: Divorce, legal separation, death of a parent, or a child born out of wedlock (provided paternity is established).

2. Key 2025 Legislative Trends

Several states have passed or debated significant updates to their domestic relations laws this year:

• Florida (Senate Bill 246): Effective July 1, 2025, this law significantly expands grandparent standing. It allows grandparents to petition for visitation if the parents are divorced. Previously, Florida was one of the most restrictive states, generally only allowing petitions if parents were deceased or in a "persistent vegetative state."

• Georgia (Senate Bill 245 / Act 186): Also effective July 1, 2025, this law clarifies how existing visitation orders can be modified or revoked. It specifically addresses situations where a parent is deceased, incapacitated, or incarcerated, giving grandparents a clearer (but time-limited) path to request changes to visitation schedules.

• New York (Senate Bill S513): Recent legislative sessions have focused on preventing "abusive litigation." New laws require grandparents to allege "significant harm" to the child’s health or safety with detail and specificity before a case can proceed, protecting parents from the financial and emotional toll of frivolous lawsuits.

3. The "Harm" Threshold

A major trend in 2025 is the shift from the "Best Interests" standard to the "Undue Harm" standard. In many jurisdictions (like Illinois and Indiana), it is no longer enough for a grandparent to show that they are "good for the child." They must prove—often by "clear and convincing evidence"—that denying the relationship would cause the child actual mental or emotional harm.

Factor

Description

Historical Role

Did the grandparent act as a "de facto custodian" or primary caregiver?

Evidence of Bond

Courts now heavily weigh digital evidence (texts, photos, FaceTime logs) to prove a continuous relationship.

Parental Fitness

If a parent is deemed "unfit" (substance abuse, incarceration), the grandparent’s path to custody (not just visitation) becomes much clearer.

4. Anti-Litigation Safeguards

To prevent "courtroom fatigue" for families, many states are implementing limits on how often a grandparent can sue for visitation.

• Two-Year Rule: States like Florida and Georgia now limit grandparents to filing one visitation petition every two years, unless they can prove an emergency situation where the child is in immediate danger of emotional harm.

Note: Because family law is handled at the state level, "rights" in California may look entirely different from "rights" in Texas.

2026 Updates

In 2026, the legislative and judicial trends regarding grandparent rights in the United States are focusing on narrowing the gap between parental autonomy and the "best interests of the child."

While the constitutional right of fit parents to raise their children remains paramount, many states are introducing 2026 updates to make the legal process more predictable and less adversarial.

1. Maryland’s Major 2026 Expansion

One of the most significant changes in 2026 occurs in Maryland.

• House Bill 0025: Effective October 1, 2026, this law alters the circumstances under which a court can grant visitation. It allows a petition to be filed specifically after an action for divorce, annulment, or paternity has been filed.

• The Shift: This move aligns Maryland with other "restrictive" states that require a family disruption before the court will entertain a grandparent's request, but it also provides a clearer entry point for grandparents during the initial stages of a parental breakup.

2. The Shift Toward "Family Time" Terminology

A subtle but important trend across multiple states (notably Colorado and Illinois) is the rebranding of "visitation" as "Family Time."

• This linguistic shift is intended to reduce the "winner vs. loser" mentality of traditional custody battles.

• In 2026, courts are increasingly viewing grandparents not as third-party visitors, but as an integral part of the child's support network, provided they can prove a substantial pre-existing relationship.

3. High-Tech Evidence and "Virtual Visitation"

With the 2026 legal updates, courts are more formally recognizing digital bonding.

• Virtual Parenting Time: Newer statutes in states like Illinois are explicitly allowing "virtual visitation" (video calls, messaging) as a legal remedy.

• Proving the Bond: Grandparents are increasingly using digital footprints—years of FaceTime logs, shared photo albums, and text messages—to meet the "clear and convincing evidence" standard required to show that losing the relationship would cause the child emotional harm.

4. Key Legal Standards in 2026

Most 2026 court cases are decided based on a "Three-Prong" test that has become more standardized across state lines:

Prong

Requirement

2026 Trend

Harm

Prove the child will suffer mental or emotional harm without the visit.

Courts now require expert testimony or specific "measurable" harm, not just "sadness."

Prior Relationship

Show a consistent, significant history of caregiving.

"6-month residency" or "1 year of financial support" are becoming standard benchmarks.

Parental Wishes

Overcome the "rebuttable presumption" that a parent knows best.

Courts are giving increased weight to a parent's reasons for denial (e.g., toxic behavior).

5. Mediation as a Default

In 2026, more states (including Georgia and Massachusetts) are making mediation mandatory before a grandparent visitation case can go to trial.

• This is a response to the "abusive litigation" trend where some used court filings as a tool for harassment.

• Mediation allows for "graduated visitation" schedules that can be adjusted as trust is rebuilt between the parents and grandparents.

Legal Alert: While these trends show more "entry points" for grandparents, the Troxel v. Granville precedent still means that if two fit parents agree to deny access, a grandparent’s chances of winning remain statistically low in most "intact family" situations.