Being a grandparent is one of life’s greatest joys but, when grandparents are denied visitation or custody of their grandchild, the sense of loss and feeling of hopelessness can be overwhelming. In New York, grandparents may have a legal right to visitation or custody of their grandchildren in certain circumstances. Although visitation rights or custody are not guaranteed, the courts will allow grandparents’ rights when the following three elements are proven to exist: 1) that the grandparents have legal standing to participate in a court proceeding; 2) granting visitation rights or custody is in the best interest of the child; and 3) the grandparents have a pre-existing relationship with the child.
Legal standing
The first step in the process of evaluating whether grandparents have a right to visitation or custody is to establish that the grandparents have legal standing to participate in the court proceeding. Generally, grandparents will be found to have legal standing if one or both of the parents of the child is deceased or if the parents (or custodian of the child) are alive, the grandparent must demonstrate that equitable circumstances exist that make it proper for the Court to intercede. Equitable circumstances include the strength of the family and the nature and basis of the parents’ objection to the visitation; the nature and extent of the grandparent-grandchild relationship; and whether the grandparents have a sufficient existing relationship with the child or have at least made a sufficient effort to establish one.
Visitation
Once standing has been established for a visitation hearing, the court will focus on whether or not granting visitation will be in the best interest of the child. When evaluating whether grandparents’ rights are in the best interests of the child, the court will consider a number of factors including, but not limited to:
- The child’s prior relationship with the grandparents
- The wishes of the child
- The reasons the parents have denied the grandparents access to the child in the past
Grandparents must also, when considering best interests of the child, establish the existence of a pre-existing relationship with the child. The Court will consider factors such as whether or not you have been a significant and positive presence in your grandchild’s life, or, if you have been precluded from seeing your grandchild, whether you have made substantial attempts to establish a relationship with the child.
Custody
Grandparents that wish to obtain custody of their grandchild can only do so in extraordinary circumstances. Extraordinary circumstances include the parents being deceased, or mentally or physically unfit to raise the child, the parents have relinquished physical custody of the child to the grandparents for a minimum continuous period of 24 months, or other extreme circumstances.
The Law Office of Stacy Sabatani, Esq. can help you establish grandparent rights
Obtaining visitation or custody of a grandchild can be an uphill battle and, in order to successfully pursue a grandparents’ rights case, you will need experienced legal counsel to help you assert your rights. If you are a grandparent living in New York who wishes to pursue a visitation or custody case, contact the qualified family law team at The Law Office of Stacy Sabatini, Esq. Located in New City, NY, our legal team serves family law clients throughout Rockland County, Orange County and Westchester County. For more information or to contact us, please visit www.sskfamilylaw.com.