Yes. Nearly all states have laws that permit grandparents to petition for a court order allowing them visitation privileges. In other states without such a statute, there is usually a common-law right of grandparent visitation. However in either case, that right may vary in degree.

Will I be guaranteed visitation rights if I go to court?

No, the court will likely only grant you visitation rights if it would be in the best interest of your grandchild and such visitations would not interfere with the parent/child relationship. Even if the parent states that the visitation would interfere with the parent/child relationship, the court probably cannot deny your request unless it holds a hearing and the parent proves his or her case.

The parent has to show that it is more likely than not that the visitation would cause interference. But, in cases where there is a lot of family conflict, it is possible that the court will find that visitation would interfere with proper parental authority. Also, if the court thinks the child is old enough to tell how he or she feels about visitation, the court may consider your grandchild’s reasonable wishes.

See also…

Family Law Forum

Elder Law Forum