Pannell Law Group, P.C.
FAMILY LAW · NEW YORK
Grandparents' Rights
Under New York Domestic Relations Law § 72, a grandparent may ask the court for visitation with a grandchild. Before the court will consider the request, however, the grandparent generally must first establish standing. Standing may exist when a parent of the child has died, or where equitable circumstances support it, such as a substantial pre-existing relationship with the grandchild or diligent efforts to build one that were frustrated.
The Child's Best Interests
After Standing Is Established
Once a grandparent has shown standing under Domestic Relations Law § 72, the court turns to the central question: whether visitation is in the child's best interests. The court may look at the nature of the grandparent's relationship with the child, the child's needs and wellbeing, and how visitation would affect the family as a whole.
Throughout this analysis, a fit parent's decision about who spends time with their child is given special weight. A grandparent generally must show why visitation would serve the child despite a parent's objection, which makes careful preparation and a clear presentation of the relationship especially important.
FREQUENTLY ASKED QUESTIONS
Grandparents' Visitation Rights in New York
Do grandparents have visitation rights in New York?
Grandparents do not have an automatic right to visitation in New York. However, state law allows grandparents to ask a court for visitation in certain situations. The court decides each case individually based on its specific facts.
When should I contact an attorney?
Consider speaking with a family law attorney if you have been denied contact with a grandchild, if a parent has passed away, or if family changes such as divorce or relocation are affecting your relationship. An attorney can review your situation and explain your options.
This information is provided for general educational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Please consult a qualified attorney about your specific situation.
Legal Disclaimer
The information on this page is provided for general informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship. Every family's circumstances are different, and the law may change. For advice about your specific situation, please contact Pannell Law Group, P.C.
Talk With Us About Your Family's Situation
Every grandparent visitation matter turns on its own facts. For advice about your specific circumstances, contact Pannell Law Group, P.C. to discuss your options with an experienced family law attorney.