📅 2026 Update: Changes in Marriage Laws and Grandparents' Rights

Since the original article was written, there have been important changes in marriage laws across the United States. These updates may affect not only how marriages are conducted but also how grandparents' rights are viewed in relation to family law. The earlier article continues further down the page, providing foundational information on this topic.

🌈 Repeal of the Defense of Marriage Act (DOMA)

In December 2022, Congress passed the Respect for Marriage Act, which repealed DOMA. This change redefined marriage under federal law to include same-sex couples. This shift ensures that grandparents who are part of same-sex marriages have the same rights as those in opposite-sex marriages.

📅 Age Requirements for Marriage

As of late 2025, 16 states and the District of Columbia have enacted laws prohibiting marriage under 18 without exceptions. This trend shows a push for stricter age requirements, which may impact grandparents' involvement in their grandchildren’s lives, especially in custody or visitation cases.

💵 Marriage License Fees

Marriage license fees vary by state and county, ranging from $25 to $115. Understanding these costs can help families plan better for weddings and associated legal needs, which can indirectly affect how grandparents engage with their families.

⏳ Waiting Periods and Processing Times

About one-third of states impose a mandatory waiting period between the issuance of the marriage license and the ceremony. This waiting period usually lasts from 24 to 72 hours. Knowing these details helps families prepare for ceremonies and understand the legal timeline.

📜 Current Rights for Same-Sex Couples

Same-sex couples now have the same legal rights and benefits as opposite-sex couples, including tax benefits, inheritance rights, and access to spousal benefits. This equality supports grandparents’ rights in families with same-sex parents, as they can now legally secure their roles in their grandchildren's lives.

📌 Key Points to Remember

  • 🌈 DOMA repeal allows equal marriage rights.
  • 📅 Marriage age restrictions are becoming stricter.
  • 💵 Marriage license fees range from $25 to $115.
  • ⏳ Waiting periods exist in about one-third of states.
  • 📜 Same-sex couples have equal legal rights.

💡 Tips for Understanding Grandparents’ Rights

Review the specifics of your situation with an attorney to fully understand your rights and responsibilities regarding grandparents' rights.

🏠 Know the Residency Requirements

Some states have residency requirements for marriage. It's crucial to check these rules in the state where the marriage will occur, as they can impact grandparents' rights.

🕒 Be Aware of Marriage License Expiration

Marriage licenses generally expire between 30 days and six months after issuance. Keeping track of expiration dates is essential to ensure that any marital arrangements are valid and enforceable.

📜 Understand the Capacity to Marry

Both parties must have the mental capacity to understand the commitment of marriage. This includes being able to give voluntary consent, which is important for grandparents to consider if they are involved in family disputes.

✍️ File the Marriage License Promptly

After the wedding ceremony, the officiant must file the signed marriage license with the local government. Prompt filing helps avoid any legal complications that could affect family rights, including those of grandparents.

🕊️ Explore Local Resources

Many state and local government websites offer detailed information on marriage laws and procedures. These resources can provide valuable guidance for grandparents seeking to understand their rights.

🏆 Top Marriage Services Ranked by User Reviews (2026)

This section lists services that help with marriage-related needs, including online marriage services and virtual ceremonies. The order follows Trustpilot data checked in October 2026, and while ratings provide insight, they may change over time. Remember that unhappy customers often leave more reviews, which can influence overall ratings.

🥇 1. Married Legally

Married Legally holds a Trustpilot score of 4.9. This service is known for its online marriage services and virtual ceremonies, making it a convenient option for those planning a wedding. However, some reviewers note limited information available on Trustpilot.

🥈 2. VirtualMarriage

VirtualMarriage also has a Trustpilot score of 4.9. This service provides similar online marriage options and virtual ceremonies. Reviewers appreciate the ease of use but mention that further details about their offerings could benefit potential users.

🆓 Free Government and Nonprofit Help

Many state and local government websites provide essential information on marriage laws and application procedures. Additionally, organizations like the American Civil Liberties Union (ACLU) offer resources on marriage rights and legal processes, which can aid grandparents in understanding their roles.

🔎 What to Compare When Choosing Marriage Services

  • 📅 Processing times for marriage licenses
  • 💵 Fees for marriage licenses and certified copies
  • 📝 Availability of virtual ceremonies
  • 🌈 Inclusivity of services for all couples
  • 🏠 State-specific regulations and requirements

❓ Frequently Asked Questions

🤔 What are grandparents' rights in marriage?

Grandparents' rights can vary by state but generally refer to the legal ability of grandparents to seek visitation or custody of their grandchildren. Laws differ significantly, so it's important to consult local regulations.

🎉 Can grandparents attend a marriage ceremony?

Yes, grandparents can typically attend marriage ceremonies as long as they are invited. Their presence is often welcomed, especially in family-centric events.

📅 What happens if a marriage license expires?

If a marriage license expires, couples must reapply for a new license to get married legally. This emphasizes the importance of being aware of expiration dates.

💔 How can grandparents seek custody of grandchildren?

Grandparents may seek custody if they believe it's in the best interest of the child. This often requires legal proceedings and can depend on specific state laws.

🗓️ Are waiting periods the same in all states?

No, waiting periods vary by state. About one-third of states impose such periods, which can last between 24 to 72 hours.

🌐 Where can I find more information on marriage laws?

Many state and local government websites offer comprehensive details on marriage laws and procedures. Nonprofit organizations can also provide valuable guidance on rights and legal processes.

⚖️ Recent Cases Related to Grandparents’ Rights

Recent court rulings have highlighted various aspects of grandparents' rights in relation to marriage laws. These rulings can impact how grandparents engage with their grandchildren and the legal processes involved.

For more recent rulings, you can browse the news section for updates.

End of October 2026 Update






WHAT ARE GRANDPARENTS RIGHTS?

Grandparents rights is essentially a term that means a grandparent's rights to visitation or custody of their grandchild.  This issue comes up most often up on the death of the grandparent's child or the finding of child abuse by the parents of the grandchild. 

DO THEY EXIST?

As with any other law pertaining to the family and domestic relations the issue of grandparent's rights is a state issue and differs across the country.  That being understood there is generally no right associated with being a grandparent.  As far as the law is concerned grandparents are treated almost like strangers to the grandchild and visitation and custody can be limited by the parent for essentially any reason.

What are grandparent's rights?

All States generally allow grandparents to have visitation rights subject to the requirement that the visitation be in the best interest of the grandchild and the grandparent must prove that the visitation will neither be harmful or abusive to the child.

WHEN DOES THE ISSUE OF GRANPARENTS RIGHTS COME UP?

Generally the subject of grandparent's rights comes into effect when the parent of a child dies and the parents of that parent seek to continue to visit their grandchild.  For example, Harold and Wilma are married and have one child, Pam.  A year after Pam's birth Wilma dies in a car accident.  Subsequently Wilma's parents wish to continue visiting Pam against the wishes of Harold. 

States differ in their interpretation of grandparent's rights from the more lenient to the stringent.  States such as Connecticut, Hawaii, Idaho and Maryland permit a grandparent to go to court to enforce their visitation rights if that visitation right is in the best interest of the child.  Other more stringent jurisdictions require a grandparent to prove that they have had absolutely no visitations with the grandchild before they may proceed with legal action.

If the case goes to court States differ in the burden of proof required.  Some States, such as Florida and Minnesota, require that the grandparents prove that they have some kind of parent-child relationship with the grandparent which essentially means that the grandparent provides some kind of caregiver type status.  In other States the burden is on the parent to show that the grandparent's involvement would interfere with the parent-child relationship.

CASE LAW PERTAINING TO GRANDPARENTS RIGHT?

TROXEL V. GRANVILLE

The quintessential modern case involving grandparent's rights is Troxell v. Granville 530 U.S. 57, 120 S.Ct. 2054, 147 L. Ed. 2d 49, 2000 U.S.

BACKGROUND

The parents, Tommie Granville and Brad Troxel, were never married and had two children.  During that time the grandparents had visitation through their son, Brad.  Upon Brad's suicide Tommie began to scale back the paternal grandparent's visitation rights until she would only permit them to see their granddaughters one time per month.  The grandparents sued in court for extensive visitation rights including two weeks per year during the summer.  The Superior Court of the State of Washington found in favor of the grandparents and Tommie Granville appealed.

HOLDING

After an initial appeal the case went all the way to the Supreme Court where the Justices found that the Due Process Clause of the XIV Amendment would be infringed if a parent were limited to his/her right to grant or deny visitation.  The Court also found that the standard of "best interest of the child" was detrimentally overbroad and thus unconstitutional.  In closing, it has been found that forcing a parent to give visitation to a grandparent would put a substantial burden on the traditional parent-child relationship.