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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 over 50 years of combined legal 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!

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