Child Custody, Jean Mahserjian Blog

Grandparent Rights in New York: What You Need to Know

Posted on by Jean Mahserjian, Esq.
Grandparents play an important role in the lives of their grandchildren. They provide love, support, and guidance, and often serve as caregivers when parents are unable to do so. However, there are times when grandparents are denied access to their grandchildren due to various reasons, such as divorce, estrangement, or even death. In such cases, grandparents may wonder if they have any legal rights to see their grandchildren. This blog post will discuss grandparent rights in New York and what you need to know. What are Grandparent Rights?Grandparent Rights in New York: What You Need to Know Grandparent rights refer to the legal rights that grandparents have to visit or have custody of their grandchildren. These rights are not automatic, and they vary from state to state. In New York, grandparents do have certain legal rights to visitation with their grandchildren under certain circumstances. When Can Grandparents File for Visitation in New York? Under New York law, grandparents may file a petition for visitation with their grandchildren if they have been denied access to their grandchildren by the parents or if the parents are deceased. The court will only grant visitation rights to grandparents if it is in the best interest of the child. In addition, grandparents may also file for visitation rights if: The child’s parents are divorced or legally separated, and the grandparent’s access to the child has been significantly restricted. One or both parents have been deemed unfit to care for the child. The child has lived with the grandparent for a significant period of time. What Factors Does the Court Consider When Granting Visitation Rights? When considering a petition for grandparent visitation, the court will consider several factors to determine whether visitation would be in the child’s best interest. These factors include:
  • The relationship between the child and the grandparent.
  • The reason for the grandparent’s request for visitation.
  • The amount of time that has passed since the grandparent last had contact with the child.
  • The impact that visitation will have on the child’s relationship with the parents.
  • The mental and physical health of the grandparent and the child.
  • Any history of abuse or neglect by the grandparent.
It is important to note that the court will only grant visitation rights to grandparents if it is in the best interest of the child. Can Grandparents File for Custody in New York? In addition to visitation rights, grandparents in New York may also file for custody of their grandchildren under certain circumstances. To file for custody, the grandparent must show that the child’s parents are unfit or unable to provide proper care for the child. However, it is important to note that New York law places a strong preference for parents to have custody of their children. Therefore, grandparents must provide compelling evidence that the child’s parents are unfit or unable to provide proper care for the child in order to obtain custody. Moreover, it is important for grandparents to maintain a positive relationship with their grandchildren and to be involved in their lives as much as possible. This can help strengthen their case in court and show that they have a significant and meaningful relationship with their grandchildren. It is also important for grandparents to understand that even if they are granted visitation rights or custody, they are still subject to the wishes of the child’s parents. Grandparents should make an effort to communicate with the parents and work together to create a visitation schedule that works for everyone. Grandparent rights in New York are not automatic, but grandparents do have legal options for seeking visitation or custody of their grandchildren. It is important for grandparents to understand their rights and to work with an experienced family law attorney to navigate the legal system. By maintaining a positive relationship with their grandchildren and working with the child’s parents, grandparents can help ensure that their grandchildren have the best possible outcomes in these situations. AtMahserjian & Mahserjian-Ortiz, PLLC, we are committed to helping grandparents in New York understand their legal rights and options when it comes to seeking visitation or custody of their grandchildren. We understand that grandparent rights cases can be complex and emotionally challenging, and we are dedicated to providing compassionate, knowledgeable, and effective legal representation to our clients throughout the process. Our experienced attorneys work closely with our clients to gather evidence, build a strong case, and navigate the legal system to achieve the best possible outcome for their case. We have a deep understanding of the factors that courts consider when granting grandparent visitation or custody rights and can help our clients develop a strategy that addresses those factors. We also recognize the importance of maintaining positive relationships between grandparents and their grandchildren, and we encourage our clients to work collaboratively with the child’s parents to create a visitation schedule that works for everyone. If you are a grandparent seeking visitation or custody of your grandchildren in New York, we can help. Contact our office to schedule a consultation and discuss your legal options. We are here to provide the guidance and support you need to protect your rights and the well-being of your grandchildren.
Jean Mahserjian, Esq.