The courts presume that a fit parent will base his or her visitation decisions on the child’s best interest, and therefore tend to observe the parents’ right to prohibit visitation with grandparents if they choose to forbid it. Due to the fundamental authority of the parents, grandparents’ can only have their visitation rights enforced in very limited situations.

If a parent has forbidden visitation rights, a grandparent’s legal representation must prove at least one of the following circumstances:

• The child’s parents are divorced
• Showing by a preponderance of evidence that denying the grandparent access to the child would significantly impair the physical health or emotional well-being of the child
• The child has been living with the grandparent for at least six months
• The court has terminated parental rights between at least one of the child’s parents
• The child’s parent has been incarcerated or found incompetent
• The child’s parent has died

No matter the circumstances, the court must also determine that granting visitation rights to a grandparent would be in the child’s best interests.