Grandparents' Rights in New York
Legal questions involving grandparents and grandchildren often include one or more of the following factors:
- Following a separation or divorce, the grandparents have difficulty seeing their grandchildren as often as they were accustomed to during the marriage or they have difficulty seeing them at all.
- After one parent dies, the other parent cuts off contact with the in-laws, and grandparents wish to assert rights to continued contact.
- Grandparents believe that their children are unfit parents because of drug or alcohol abuse or for other reasons, and wish for advice on how to become legal guardians of the grandchildren.
If You Are a Grandparent in Westchester County
The answers to your questions regarding "grandparents' rights" in your family will vary depending on your particular circumstances. The White Plains family law attorneys at Proto, Sachs & Brown, LLP are experienced and adept at helping grandparents discover and implement ways to protect bonds with their grandchildren.
If you are a grandparent and have been denied visitation with your grandchild for whatever reason, you have a legal remedy. Please call the New York Grandparents' Rights Lawyers at Proto, Sachs & Brown, LLP for a free initial consultation and we can provide you with the skilled and capable legal advice you deserve.
Are the Grandparents "The Problem?"
If, however, you are a parent who believes your child's grandparents are not a healthy influence and wish for advice on how to protect the children and your rights as a parent, call the New York family court lawyers at Proto, Sachs & Brown, LLP for a free initial consultationto discuss your legal rights.
New York Law and Grandparent Rights
Grandparent Visitation Rights
Pursuant to New York State Law grandparents have a right to petition the court to have visitation with their grandchild in two circumstances:
- Either or both of the child's parents are dead, or
- Circumstances justify the court's equitable intervention.
However, it very important for a grandparent to understand that even if either of the above circumstances exist it does not mean that the grandparent has an automatic right to visitation. Instead, it only gives a grandparent the right to ask the court for visitation. In the legal world this is called “standing”. If the court concludes that either one of the two circumstances exists then the court will deem that the grandparent has “standing” and therefore has the right to seek visitation with their grandchild.
At this juncture the court will consider granting visitation rights to the grandparents. In considering this issue the court will grant visitation rights to the grandparent of the court finds that granting visitation would be in the best interests of the child. In making this determination the court will consider many factors such as the nature and extent of the grandchild's prior relationship with the grandparents, the child’s wishes and the reasons why the parent opposes visitation.
Every grandparent must be aware that it is always the grandparent’s burden of establishing that visitation with their grandchild would be in the grandchild's best interests. This is why it is vital for a grandparent to consult with a skilled and experienced family court lawyer so that their rights as a grandparent are protected and so that they have the best chance at a successful outcome, especially when the stakes are so high.
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