If you have a strained relationship with your son or daughter, your time with your grandkids may be at risk. Bickering families often want to cut off all with grandparents and extended family in order to lessen conflict. Parents can even seek a restraining order on grandparents if they do not get along with them. In certain cases, grandparents may lose their visitation rights with a child if their daughter or son dies, and the children are under full custody the other spouse. Divorce issues are another key reason that grandparents lose their rights to call on their grandchildren. Often, when a couple splits, extended family is ostracized. Statistically, more parents of the father are denied a relationship with their grandchildren after a divorce than the parents of the mother.

If you are at odds with your children, and they are threatening to restrain you from your grandchildren, you need to take action. In some cases, grandparents are able to work out conflict with their children on their own terms. Also, you can hire a mediator to help you in your plight, if the need arises. If these methods fail, then you will want to take your contest to court. To begin your fight, you will need to fill out a court form detailing your plea and submit it. After it is reviewed by the judge, he will want to hear from you and your spouse, your children, and your grandchildren, so that he can evaluate the case from all angles. In all cases, the best interest of the child prevails.

In 2000, the U.S. Supreme Court changed visitation rights with the case Troxel v. Granville. This court ruling eliminated the Washington state law that said that any interested party could be granted visitation rights as long as it was in the best interest of the child, regardless of the parents' preference. While there is no federal regulation that gives grandparents the rights to visit their grandchildren, every state has laws that will protect a grandparents visitation rights in extenuating circumstances. This is especially true in a situation which involves the divorce of the parents, incarceration of the parents, or the death of a parent. In all grandparent visitation cases, the grandparents must prove that it is in the child's best interest that they are involved with his or her life. Some states also require grandparents to prove that it will harm the child if they are not a part of his or her upbringing. Judges evaluate the familial status of the child, the fitness of the parent and the petitioning grandparent, the evidence at hand, the existence of a viable relationship between the child and the grandparent, and the role of a guardian ad litem in the proceedings before making a decision. These standards will vary in importance depending on what state you reside in.

There are two types of visitation laws. Restrictive visitation gives grandparents permission to visit their grandchildren even if the child's parents under a restraining order. This usually occurs when the parents are incarcerated, or have been convicted of substance abuse or child abuse. Permissive visitation is given to grandparents who want an ongoing and consistent relationship with their grandchildren. These cases may include financial obligations. In rare instances, a grandparent may be granted full custody of the children.

Certain circumstances can void a grandparent's visitation rights. If the child's parents are not married, it is hard to obtain visitation. As well, any circumstance where the child is in the legal care of another family can void grandparent visitation. If you are granted court appointed visitation, you will be given a document outlining when and where visitation periods are supposed to take place. If the child's parents do not uphold your rights, you can challenge them in court and fight for the restitution of time lost.