Most people will tell you that grandparents do not have any common law rights to see their grandchildren. These people are not entirely correct. There is no basis in constitutional law as regards to grandparent visitation rights in the USA. And yet, there are cases in this country all the time where grandparents are found to be entitled to visitation rights.
It is not an easy road. In order for a grandparent to obtain such grandparents visitation rights, grandparents may have to present evidence to the court that the absence of visitation rights would be harmful or detrimental to the child’s health and welfare.
Since parents have an established elementary right to the care, custody and supervision of their child, the grandparents usually have to show that there is a satisfactory reason for the court to intervene. Therefore it can be difficult to prove such harm to the child.
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