Grandparents' Rights Attorney
What Are My Rights as a Grandparent in New York?
As a grandmother or grandfather in the state of New York, your rights regarding
your child's divorce are limited. New York law provides for grandparents'
visitation rights if one of the parents is deceased. In the same statute,
it is mentioned that grandparents have rights to
visitation "where circumstances show that conditions exist which equity would
see fit to intervene." The parents' wishes are most often given
preference and viewed to be in the best interest of the child. New York
family courts have determined that a fit parent's wishes should not
be intruded upon by any other party.
Legal Guidance from Our Hudson Valley Divorce Attorneys
Grandparents have the right to ask the court for visitation rights. In
extreme circumstances, they also have the right to petition for
child custody. When the family law court is determining whether to give provisions to
the grandparents as requested, they assess the grandparents' standing.
The grandparent has the right to petition for visitation or custody if
specific requirements are met. Grandparents are permitted to stand before
the court if:
- Either of the child's parents are deceased
- Other extraordinary circumstances justify intervention
If you need assistance presenting your case to the court, a lawyer from
our firm can help you understand whether you have grounds for a visitation
or custody petition. We have more than 15 years of experience that can
be used to the benefit of your case.
Serving Your Grandchild's Best Interests
The best interest of the child is the factor most highly considered by
the family court. As the grandparent presenting your case, you have the
burden of proof that visitation or custody with you is in the best interest
of the child. Some of the factors the court will consider include the
child's wishes, the child's prior relationship with the grandparents,
and the reasons for the grandparents' desire for visitation.
Contact Michael R. Varble & Associates, P.C. today for the personal and experienced legal representation you need!