New York, New York
The lives of grandchildren depend heavily on their grandparents. Along with offering them emotional support, grandparents also help parents and their children financially and with childcare.
Given the important role grandparents may play in the lives of their grandchildren, grandparents’ rights should be maintained when it comes to having access to their grandchildren. Unfortunately, when a child’s parents divorce, grandparents usually must fight for their entitlement to visitation. At Tully Rinckey, we have experience upholding grandparents’ right to visitation and have helped many families in New York City maintain these important familial bonds.
Grandparents’ rights are a more recent idea and are still being established in the courts today, although the rights of a father or mother with relation to child custody and visitation have long been recognized by the courts across New York State.
Given the significant influence grandparents can have on a grandchild’s development and well-being, it is crucial that you consider speaking with an experienced family law attorney if you are considering obtaining visitation or custody of your grandchild. This will allow you to better understand your particular situation and determine the best course of action.
At Tully Rinckey PLLC, we have experience helping grandparents in New York City uphold their rights to be involved in their grandchildren’s lives. Our compassionate and experienced family law attorneys can help you with your petitions for visitation or prove your standing to secure custody of your grandchildren in unique situations.
As long as they have the “standing,” grandparents in New York are legally allowed to ask a judge to award them custody or at least visiting privileges for their grandkids. Standing refers to the idea that a number of requirements must be met before a person may bring legal action. If one or both of the child’s parents have passed away, or other unusual circumstances warrant the court’s decision to intervene and hear the case, the grandparent has the standing to pursue visitation or custody.
When it comes to allowing grandparents visitation access, the laws in New York are complex. 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. When granting visitation, the courts may take the following into account:
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 or non-parents must either have the parents’ consent or show that there are unique circumstances. These conditions may include:
If the grandchild is adopted, the state of New York does not restrict grandparent visitation privileges. The child’s best interests will always come first in court, regardless of whether the adoption was finalized or not. This is also true in matters of securing custody as well.
When something as important as your connection with your grandchild is at stake, you will want to give yourself every advantage possible to secure your legal rights. Our family law attorneys have helped many grandparents throughout New York City 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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