Grandparents’ Rights in New York State
New York allows grandparents limited rights to visitation. Generally speaking, the right of a grandparent to visit with a child depends entirely on whether or not one or both of the child’s parents have died. Otherwise, there is no statutory right to visitation in New York State if both of the child’s parents are alive. Generally speaking, the question of whether or not a grandparent has rights to visit a child emerges when there is a conflict between the parents.
While grandparents form complex and lasting relationships with their children, divorces can disrupt these relationships. If one parent is given sole custody of the children, then the grandparents of the non-custodial parent may have limited access to the children. They have no intrinsic right to visit the children regardless of how strong their relationship with the children is. The courts will not second-guess a parent’s authority when it comes to denying access of the children to the grandparents.
A grandparent may have a right to visit a child if “special circumstances” exist. We will discuss this more below.
A grandparent’s rights to visitation
In New York, a grandparent has a limited right to seek visitation with a grandchild if:
- The child lives in New York
- One or both parents have died
This, however, is not an automatic right. The grandparent is required to apply to the Supreme Court or Family Court. The courts recognize that a grandparent can be an important part of a child’s life.
The grandparent must petition the court for a right to visit their grandchildren. The courts will determine whether or not one or both parents have died. Next, the courts must determine that fostering the relationship is in the best interests of the child.
What if one parent is blocking access to the children?
The primary reason a grandparent would want to go to court to establish visitation rights is that the primary caregiver or custodial parent is blocking access of the children from the grandparent. When a grandparent’s rights clash with a parent’s decisions, the court must decide what is in the best interests of the child.
Generally speaking, however, the courts are hesitant to force a parent to give the grandparent visitation rights. Sometimes, the relationship between the custodial parent and the grandparents is openly hostile. If the hostility is considerable, then the courts may deny the grandparent’s visitation rights. The courts will do so when the hostility is harmful to the child.
If you are a grandparent who is seeking visitation rights with your grandchild, you will need a skilled Rockland County family law attorney to assist you during the process. We can advocate on your behalf, ensure that the court knows that fostering a relationship with you is in the best interests of the child, and hopefully secure your rights to see your grandchild.
Talk to a Rockland County Grandparent’s Rights Attorney Today
The Law Office of Robert S. Sunshine represents the interests of grandparents who are seeking contact with their grandchildren after the child’s parent has died. Call our Westchester County family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
