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Rights of grandparents to vis itation or custody in New York

The separation, divorce or death of a parent not only impacts the couple and children involved, but the grandparents as well. This may be particularly true, especially if the surviving or custodial parent’s relationship with the grandparents is estranged.

Under New York law, grandparents have the right to request court ordered vis itation with grandchildren in certain circumstances. One such situation occurs when either one or both parents die. A grandparent may be able to gain vis itation if he or she can demonstrate they have a “substantial existing relationship” with the grandchild.

Another instance in which a grandparent may be able to gain vis itation is one in which it can be shown that the parents have made attempts to interfere with the maintenance or establishment of a relationship between the grandparent and grandchild. This is a right only applicable to biological or adoptive grandparents.

The grandparent requesting vis itation has the burden of proof of demonstrating to the court that the vis its would be in the best interest of the child. In cases in which one or both parents has died, the court will grant vis itation automatically.

Factors considered by a judge when granting grandparents vis itation rights include what the parental preferences are, whether there is any animosity between the parents and grandparents, the age of the child and the child’s preferences. The distance between the child’s home and the grandparent’s is also considered as well.

Additionally, the grandparent’s mental and fitness are also both taken into consideration. Emotional ties between the grandparents, child and his or her parents as well as their parenting skills are also weighed by the judge in arriving at a decision as well.

In cases in which a child has been adopted, the biological grandparents may still get vis itation rights, especially if the court believes it is in the best interest of the child. Grandparents can gain custody or guardianship of a grandchild in cases of parental abandonment or severe neglect as well.

Before rendering a final decision on grandparent vis itation or custody, an attorney is assigned to represent the child and his or her interests. If you wish to exercise your grandparents’ rights, the advice of an experienced New York family attorney can prove very beneficial.

Source: divorcenet.com, “Do grandparents have vis itation rights in New York?,” Zoe Garvin, accessed Feb. 10, 2017

Important Information

COVID-19 (Novel Corona Virus)  Update 3-20-2020

By order of Governor Andrew Cuomo, beginning 3-22-2020, all non-essential business in New York state must close their physical offices in response to the rapid rate of positive reported cases of COVID-19 in New York State.

Although this will impact the in office and in person services that LIT can provide, we will still be working remotely from our homes to serve our existing clients and we will continue to serve the public on a remote basis with any new legal matters for which they may need assistance.

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May all of you and your loved ones be safe and well .

Larkin, Ingrassia & Tepermayster, LLP

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