Often, when a couple goes through a divorce or an adult child passes, it’s not immediately obvious how the extended family will be affected. Take grandparents, for example — their relationship with their grandchildren could face significant challenges during and after the separation or death.
This post will explore the legal avenues open to New York grandparents trying to establish continued contact with their grandchildren.
Grandparent Visitation Rights in New York
In New York, biological and adoptive grandparents have legal grounds to request visitation with their grandchildren under certain circumstances.
Although it’s not a guaranteed privilege, the legal system acknowledges the value of grandparent-grandchild bonds and provides a pathway for grandparents to seek court-ordered visitation. The court’s main focus is doing what’s best for the child, and grandparents must demonstrate that their presence benefits the child’s well-being.
Legal Basis for Grandparent Visitation
According to New York Domestic Relations Law §72, grandparents may request visitation rights if they have a strong existing relationship with the child, if there’s parental objection (meaning one or both parents are against the visitation), or if there are significant changes, such as the death or incapacitation of a parent or both.
Steps to Acquire Grandparent Visitation Rights
Here are the steps you’ll need to take to secure visitation rights with your grandchild following a divorce:
File a Petition
You can pursue legal action in either the family court in your grandchild’s county of residence.
Present Your Case
Grandparents aren’t treated with any special leniency. As is always the case with visitation rights, you’ll need to prove beyond reasonable doubt that your involvement with the child is in their best interests.
Meet the Court’s Criteria
You must argue your case before a judge, who will consider the practicality of the proposed arrangement and how it benefits the child by considering:
- The child’s age and wishes (if mature enough); younger children or those with special health needs may require more consideration
- Your relationship history with the child including showing a pre-existing relationship with the child
- The parents’ objections and reasons (the court can override these objections if the grandparents prove their relationship is beneficial and in the best interest of the child)
- Your caregiving skills and overall disposition toward the child’s parents
- Your psychosocial wellness
- How far away from the child you live
- How visits with you might affect the child’s daily life and routine
Ultimately, grandparents should be ready to prove that their continued involvement in the child’s life is beneficial to them in some way.
The Limits of Legal Visitation
In New York, parents have primary authority over matters concerning their children, including whether the grandparents get to be a part of their lives. Therefore, the court’s ruling must strike a balance between preserving parental rights and granting the child the benefits of a sustained relationship with their grandparents.
Legal Support for Grandparent Visitation Cases in NY
Visitation rights are never guaranteed. Working with a qualified family law attorney can help you formulate a strategy that might successfully convince the court that continued contact is in your grandchild’s best interests following a divorce.