Grandparent rights in New York

When parents divorce or separate, it can create a barrier between the children and extended family members, such as grandparents. The reasons vary: sometimes one or both parents don’t get along with their children’s grandparents, or the custodial parent simply refuses to let his or her former in-laws visit their grandchildren out of spite and a desire to hurt their ex. Whatever the cause, the feelings of separation can be painful and distressing for everyone involved.

Petitioning for visitation

Compared to some other states, (e.g. Connecticut, Illinois), New York laws surrounding grandparent visitation are fairly limited. Grandparents do not have an automatic right to visitation, although they can petition the court for access.

If grandparents are seeking visitation while both of the children’s parents are still alive, then the court is compelled by Section 72 of New York’s Domestic Relations Law determine whether or not the grandparents have legal standing when it comes to requesting visitation rights. (Legal standing means that the petitioners have the right to be heard by the court.) In general, the court will review factors like the following:

• The history of the relationship between the children and their grandparents
• Whether or not the grandparents attempted to maintain regular contact with the child or children
• Evidence that the parents tried to discourage a relationship, as well as the reason why
• Evidence that the grandparents contributed in the past to the child’s basic needs

The Court will then determine if it is in the best interests of the children to receive regular visits from their grandparents.

If one of the parents is deceased, then the route to ongoing contact is a little easier, as the primary criterion is whether or not grandparent visitation is in the child’s best interests.

Parent’s rights vs. grandparent’s rights

Family court judges tend to support the right of a custodial parent or parents to decide who can see their children, which can make visitation a challenge, but the courts also acknowledge that preserving the grandparent – grandchild bond can be in the best interests of the children and order regular visitation even if the parent or parents object. Moreover, if the grandparents can prove that they already have a strong and loving relationship with their grandchildren, a judge will be even more inclined to acknowledge the value of a sustained connection.

If you are a New York grandparent interested in pursuing visitation rights to your grandchildren, then you should make an appointment to consult with an experienced family lawyer. Legal support and advocacy are highly important, especially if the children’s parent(s) refuse to come to a visitation agreement with you. Your lawyer will help you present the best case possible for an ongoing connection with your grandchildren. The lawyers of Eskin & Eskin, P.C. are ready to help you in your family court case. They have over 40 years of combined experience and are a family-owned firm for family law firms needs. Call 718-402-5204 for a free consultation. Visit www.EskinAndEskinLaw.com to learn more about our firm.