As a Grandparent, Do I Have Rights to the Child if the Father Doesn’t?
Question:
I haven’t seen my four-year-old grandson in almost two months. We’ve been active in his life since birth, and were a true asset to each other’s lives. Child support payments should not be a reason this child is being taken away from us entirely. This is going to hurt us all in the long run. We’re loving, caring, and the child has everything he needs from us. Please help!!!!!
Answer:
In NY State, you do have grandparent rights. If you have had a relationship with your grandchild, you have what is called “standing”, or the right to file a petition in Family Court to seek visitation with your grandchild. Your rights will not be conditioned upon the father paying child support because your rights are independent and pertain to your relationship with your grandchild. I recommend that you consult with an attorney to determine how to pursue your rights. The courts are closed this month, but you can get a petition prepared and be ready to file as soon as they open.
This educational legal blog was brought to you by Avvo and answered by Jean Mahserjian, an experienced New York child custody attorney located in Saratoga County. Our law office has been helping residents with complex family law issues for over 25 years.
