Grandparents’ Visitation Rights Under New York Law

In New York, grandparents seeking visitation with their grandchildren have certain limited legal rights. A statute outlines the conditions under which a grandparent can petition for visitation and the standards that must be met to achieve a favorable outcome. Understanding the statutory requirements is vital for any grandparent considering this legal route.

Under New York Domestic Relations Law § 72, grandparents seeking visitation rights must first demonstrate that they have standing. This can be obtained by demonstrating that they have had a prior relationship with the grandchild that merits judicial intervention. This means there must be evidence of a meaningful connection between the grandparent and the grandchild, which could include regular visitation, involvement in the child’s life or emotional bonds developed over time. They can also seek standing if a parent of the child has passed away. 

The statute outlines specific scenarios where a grandparent’s petition for visitation may be considered. These include cases where the one parent is deceased or if there is a close relationship which may warrant grandparent visitation. Additionally, the grandparent may seek visitation rights if the child is living with someone other than the parents, such as in a custodial arrangement with another relative.

Once a grandparent has standing, they must satisfy the second prong and prove that it is in the child’s best interests to maintain a relationship with them. The court evaluates this based on several factors, including:

1. Existing relationship — The nature and quality of the existing relationship between the grandparent and grandchild. A history of involvement or emotional bonding will weigh in favor of the grandparent. If the grandchild resides with the grandparent for an extended period of time or the grandparent is a primary caregiver, this will weigh into the court’s decision. 
2. Parental objections — The reasons given by the child’s parents for denying visitation. The court will consider whether the parents’ objections are reasonable and in the best interests of the child or if they are motivated by personal disputes or other factors unrelated to the child’s welfare.
3. Child’s best interests — The overarching principle in any custody or visitation case is the best interests of the child. The court will assess whether granting visitation would positively contribute to the child’s emotional and psychological well-being.

The legal process for seeking grandparent visitation begins with the filing of a petition in the family court. The grandparents must first prove that they have standing. The court may then schedule a hearing to determine standing where both the grandparent and the parents can present their cases. Once standing is established, then the court can determine if visitation with the grandparent is in the child’s best interests. 

The court has considerable discretion in these matters and may order visitation if it finds it in the child’s best interest. However, not all petitions are granted, particularly if the court finds that visitation could harm the child’s well-being or disrupt the family dynamics unfavorably. Grandparent’s rights are very limited as the courts do not want to limit the rights of the parent while raising their child. For grandparents navigating this legal process, an experienced child visitation attorney can provide guidance on how to present evidence effectively and advocate for their rights while ensuring the child’s best interests are upheld.

The family law attorneys at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP are experienced in New York visitation matters, including those involving grandparents. We serve individuals throughout Long Island from our convenient location in St. James. Call 631-360-0400 or contact us online to make an appointment.