In 2023, the landscape of grandparent rights in the United States was defined by a steady push toward legislative clarification and the formalization of the "Harm" standard. While parents' constitutional rights remained the dominant factor, states focused on providing clearer "entry points" for grandparents to seek legal visitation.

1. Strengthening the "Significant Harm" Threshold

A major trend in 2023 was the move away from the broad "Best Interests of the Child" standard toward a more rigorous "Harm to the Child" requirement. This shift was largely a response to ongoing interpretations of the U.S. Supreme Court’s Troxel v. Granville decision.

• Texas (Family Code § 153.433): In 2023, high-profile appellate rulings (such as those in July 2023) reinforced that a grandparent must show that denying visitation would "significantly impair the child's physical health or emotional well-being." * The "Sadness" Rule: Courts increasingly ruled that a child’s "lingering sadness" over not seeing a grandparent does not meet the legal definition of harm; there must be evidence of clinical depression, severe anxiety, or behavioral regression.
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2. Expansion to Great-Grandparents

2023 saw a notable trend in several state legislatures (including New York and Colorado) to explicitly include great-grandparents in visitation statutes.

• New York (Assembly Bill A3790): This legislation aimed to ensure that great-grandparents have the same standing as grandparents to petition for visitation, particularly in cases where one or both of the child's parents are deceased.

• Colorado (House Bill 23-1026): Updated language in 2023 to include great-grandparents while also implementing a "cooling-off period" that prevents a petition from being filed more than once every two years.

3. The "Grandfamilies" Support Movement

Beyond visitation, 2023 marked a surge in support for "Grandfamilies"—situations where grandparents act as primary caregivers.

• The Federal Grandfamilies Act of 2023: Introduced in the U.S. Senate in December 2023, this bill sought to reduce barriers for grandparents to access Social Security benefits for the grandchildren they are raising.

• Safety Net Access: States focused on "Kinship Navigator" programs to help caregiving grandparents access TANF (Temporary Assistance for Needy Families) and SNAP without needing a formal, expensive custody order.

4. Summary of 2023 State Approaches

The "Best Interest" standard was applied differently based on the state's classification:

State Category

Key 2023 Characteristic

Example States

Permissive

Allows petitions if visitation is in the child's best interest, even in "intact" families.

Washington, Hawaii

Restrictive

Requires a "family disruption" (divorce, death, or incarceration) before a petition is heard.

Alabama, Georgia, Texas

Third-Party Rights

Expanding rights to siblings and stepparents alongside grandparents.

Illinois, California

5. Formalization of Electronic Communication

In 2023, states like Illinois and California continued to codify "Virtual Visitation." This allowed courts to grant time spent on video calls or messaging as a middle-ground solution, ensuring the bond remains intact without the logistical (or emotional) strain of in-person exchanges in high-conflict families.

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.