Clients who are nonparents or “third parties” and wish to secure rights with respect to children pose challenges for family law attorneys. The two most frequent scenarios involve grandparents and stepparents or a partner in a same-sex relationship after separation.

Virtually all states have statutes that permit grandparents or stepparents to seek some form of visitation rights. The circumstances under which these are granted are generally limited to individuals who fit a specific category and therefore have standing to bring a claim.