Pierre, South Dakota Grandparents' Rights Lawyers

Can grandparents get visitation rights?

It depends heavily on the state. Most states allow grandparents to petition for visitation, but the U.S. Supreme Court ruled in Troxel v. Granville (2000) that parents have a fundamental right to make decisions about their children. Courts generally require grandparents to show that denying visitation would harm the child — a higher bar than simply showing visitation would be beneficial.

When can grandparents seek custody?

Grandparents may seek custody when both parents are unfit (substance abuse, incarceration, abuse, neglect, abandonment) or deceased. Some states allow grandparents to intervene in existing custody cases. Kinship care or guardianship may be available as alternatives to formal custody. Courts prioritize keeping children with family over placing them in foster care.

What is kinship care?

Kinship care is an arrangement where grandparents or other relatives care for children who can't remain with their parents, often through the foster care system. It can be formal (through the state, with financial support) or informal. Kinship caregivers may seek legal custody or guardianship to gain authority for medical decisions, school enrollment, and other parenting functions.