Grandparents Rights in New York, NY

Grandparents rights’ in New York are more limited in other states and are granted visitation and custody rights only in certain cases.

Visitation Rights of Grandparents in New York

For grandparents in New York to be given visitation rights, any of the following must occur under Domestic Relations Law (DRL) § 72:

• One or both of the parents of the minor child has died; or
• If parents are alive, circumstances show that conditions exist which equity would see fit to intervene.

The second condition, equitable circumstances, is broad enough to encompass a lot of situations. New York courts have interpreted this to include the following situations:

• The child’s parents are divorced or separated;
• The child’s parents are unmarried, and the father has not legitimized the child.

In determining whether equitable circumstances exist, the court considers the following factors:

• The relationship between the parents and the grandparent;
• The relationship between the grandparents and the child;
• The reasons the parents have denied the grandparents access to the child in the past;
• The child’s wishes;
• The child’s best interests;
• The child’s age;
• The distance between the child’s house and the location of the proposed visits of the grandparents;
• The good faith of the grandparent in filing the petition;
• The parties’ mental and physical health;
• The timesharing arrangement between the parents and the child, if applicable.

Custody of Grandparents in New York

Grandparents in New York may also have custody rights under DRL § 72 in cases of extraordinary circumstances. New York courts have considered the following situations as extraordinary circumstances that would grant custody rights to grandparents:

• Extended disruption of custody, which includes a prolonged separation of the parent and child for at least 24 continuous months during which the parent voluntarily relinquished care and control of the child to the grandparents;
• Abandonment of child;
• Gross neglect of child;
• Mental or physical unfitness of the parent to raise the child; or
• Other extreme circumstances.

In determining whether custody should be granted to the grandparent, the court will primarily consider the child’s best interests. To determine best interests, the following factors are considered, to name a few:

• The grandparent’s ability to provide a safe and stable home for the child;
• The child’s relationship with the parents;
• The child’s relationship with the grandparents;
• The child’s current living situation; and
• The child’s emotional and physical well-being;

Despite all of this, the parent still also enjoys a first preference and priority of child custody over the grandparent.

The Procedure for Grandparents’ Visitation and Custody Rights

To be granted visitation and custody rights in New York under DRL § 72, the grandparents must initiate a petition to the family court, requesting such rights through a special proceeding or for a writ of habeas corpus to bring the child before the court, with due notice to the parent or any other person with care, custody, and control of the child. A family law attorney can assist you in this petition,

Grandparents’ rights in New York can be a complex matter. Grandparents attempting to obtain visitation or custody rights over their grandchildren may receive resistance from the parents or persons who have custody over the child. For this reason, having an experienced family law attorney beside you to represent your interests is vital to the success of your petition. Should you need assistance, we, at the Law Offices of Albert Goodwin, are here for you. We have offices in New York, NY, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].