Generally, the relationship between a grandparent and a grandchild is an important and special relationship.
However, sometimes grandparents may find themselves cut off from being able to spend time with their grandchildren due to strained family relationships.
In New York State, under certain circumstances, grandparents may seek a court order compelling visitation with their grandchildren.
A court determining a petition for grandparent’s visitation must undertake a two-part inquiry: first the court must determine whether the grandparent has standing to petition for visitation, and if the grandparent establishes standing, the court must then determine whether grandparent visitation is in the best interests of the subject grandchild.
A grandparent will have automatic standing to petition the court for grandparent visitation where one of the child’s parents has died. A grandparent may also have standing to seek visitation based on equitable circumstances such as where a meaningful and loving relationship between the grandparent and the grandchild has been established. The court will additionally consider the nature and basis the parent’s objections to grandparent visitation.
The question of visitation which involves a determination of what is in the child’s best interests is left to the discretion of the court.
Protecting Your Rights as a Grandparent
Grandparents who find themselves in a legal bind associated with a custody battle will need to look to a trustworthy source for the representation they require. The Long Island divorce lawyer from Rubenfeld Law Firm routinely handles grandparents’ visitation rights cases and offers their experienced guidance.
If you will allow us to invest our time into your case, you can have confidence that your rights, and your grandchild’s best interests, will be protected. Contact us for any questions and to see how we can help you!