Due to the significant impact grandparents can have on the lives of their grandchildren they are oftentimes provided with some rights in terms of child visitation and in rare circumstances custody. While laws vary between states, in New York, grandparents must often have to battle for their visitation rights when the child’s parents are divorced.
Since grandparents’ rights are relatively new in New York State courts, knowing what your rights are and how to uphold them are crucial when looking to maintain your familial bonds.
When it comes to the best interest of the child in a divorce, the relationship with each parent’s family is often overlooked. From the perspective of the courts, the amount of emotion and financial support that grandparents may provide is something that should be considered and planned around in the situation of a divorce.
Being said, when it comes to grandparents’ visitation rights, it is a relatively new concept and is something still being fleshed out in the New York court system to this day. Because of the uniqueness of each situation, along with the major impact that grandparents can have on their grandchild’s life, it is important that you consider consulting with an experienced family law attorney so that you can understand what your rights are in your situation and what the best path forward is to maintain your familial bonds.
At Tully Rinckey PLLC, we have experience defending the rights of grandparents to be involved in the lives of their grandchildren. Our empathetic and knowledgeable family law attorneys may assist you with your visitation petitions or demonstrate your eligibility to get custody of your grandkids in certain circumstances.
In New York, the legal system acknowledges that parents have a basic right to raise their children however they see suitable. This includes choosing who is permitted to see their children. As a result, a New York court would only allow grandparents visiting or custody privileges if doing so would be in the best interests of the kid as long as they have the “standing.” Standing refers to the idea that a number of requirements must be met before a person may bring legal action. The grandparents—with a sufficient amount of standing—would then have the right to request visitation or custody. A few examples of situations where visitation or custody might be granted include if one or both of the child’s parents have passed away or if other extraordinary circumstances call for the court to become involved and hear the case.
When it comes to allowing grandparents and other non-parent family members visitation access, the laws in New York are complicated. When filing a petition for visitation, grandparents must first demonstrate that they have a close relationship with their grandchildren and that the child’s parents are restricting that interaction.
The key question in these circumstances is whether or not granting visitation would be in the child’s best interests after this foundation has been established. Some factors that might be considered by the courts include the:
You might need to seek custody of the grandchild if they are being cared for by an unfit parent or guardian, such as someone who is abusing or neglecting them. Legal issues in custody cases are their own, and disagreements with the grandchild’s biological parents can make grandparent custody rights extremely challenging.
In order to be eligible for custody in New York State, grandparents must either have the parents’ consent or show that there are unique circumstances, including patterns of abuse and neglect or abandonment of the child.
The state of New York does not limit grandparent visitation rights if the grandchild is adopted. Whether or not the adoption was finalized, the child’s best interests will always come first in court. This is true for issues about obtaining custody as well.
When something as important as your connection with your grandchild is at stake, you want to give yourself every advantage possible to secure your legal rights. Our family law attorneys have helped numerous grandparents throughout the Capital Region to maintain their familial bonds and stay in contact with their grandchildren. If you are considering filing a petition for visitation or securing custody of your grandchildren, call us today.
To schedule an initial consultation with a member of our experienced team, contact us 24 hours a day, 7 days a week, at 8885294543 or info@tullylegal.com. You can also book your consultation online via the link below.
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