When a couple divorces or annuls their marriage and one of the parents receives physical custody of any minor children, the parents or grandparents of the other parent may be able to obtain visitation rights from the state. Similarly, grandparents may be able to obtain these rights after a paternity hearing establishes that they are the child's grandparents.
If grandparents desire visitation rights with a child, they must first file a petition for these rights with the court. The court will examine the situation to determine if visitation is in the best interests of the child. This includes the grandparents' willingness to foster positive relationships between the child and parents. The court will also examine the mental and physical health of the child and grandparents as well as any previous relationship the child had with the grandparents.