Grandparents’ Rights: A Family Court Lawyer in Rochester Answers FAQs [Video Q&A]

If you’re a concerned grandparent and haven’t been able to see your grandchildren, you may wonder what your rights are and whether you can pursue visitation or custody to ensure you can still see them. The specific avenues you can take depend on the family’s circumstances and what would be best for the child. However, you have legal options to demonstrate to the court that visitation or custody is in your grandchildren’s best interests. Take your questions to a family court lawyer in Rochester, like Michelle Cimino.

Family Court Lawyer in Rochester Answers 4 Common Questions About Grandparents’ Rights

Michelle Cimino is a family court lawyer with decades of experience supporting family members navigating custody matters. Here are four of the most common questions she hears about grandparents’ rights in Rochester, NY.

1. Do Grandparents Have a Right To See Their Grandchildren in New York?

Grandparents may establish standing to request visitation through the court system in one of two ways:

• A parent has died: The death of either or both of the child’s parents gives the grandparent standing to seek visitation.
• Equitable circumstances exist: If the parents are living, the grandparent must show circumstances that justify court involvement. If you already have an established relationship with your grandchild, this can be especially helpful. If a parent has prevented contact, the court may consider the grandparent’s efforts to build or maintain that relationship.

Standing means that you have the right to have your request considered, not that it’s guaranteed to be approved. The court ultimately decides whether visitation or custody is in the child’s best interests. However, working with an experienced family lawyer, like Michelle Cimino, can help you demonstrate that what’s best for the child is to have you in their life.

2. What if a Parent Refuses To Let a Grandparent Visit?

If a parent refuses to let you see your grandchildren, you may be able to petition the court for visitation. While courts give substantial weight to a fit parent’s decision, New York courts may still approve visitation for grandparents if it’s determined to be in the child’s best interests. For instance, if you already have a close, loving relationship with your grandchild but a dispute with one of their parents has cut you off from contact, the courts may decide that it’s in the child’s best interests.

3. Where Does a Grandparent File for Visitation?

Where you’d file for visitation generally depends on where your grandchild lives.

If your grandchild lives in Rochester, grandparents can file a visitation petition in Monroe County Family Court.

Monroe County Family Court’s main clerk’s office is at 99 Exchange Boulevard, Hall of Justice, 3rd Floor, Room 360, Rochester, NY 14614. If your grandchild lives in another county, the appropriate filing location may be different.

To start a new case, you can ask the court clerk about the custody/visitation petition (Form GF-17), which is also available to print on the New York State Unified Court System’s website. In the petition, explain your relationship with your grandchild and why you’re asking for visits.

4. Can a Grandparent Get Custody Instead of Visitation?

A grandparent can seek custody instead of visitation, but it requires a higher bar of proof. In a contested custody case, a grandparent generally must show extraordinary circumstances before the court considers whether custody with the grandparent is in the child’s best interests.

One example of such a situation is when a parent voluntarily leaves a child with a grandparent for an extended period. New York law identifies a continuous period of at least 24 months, although a court may consider extraordinary circumstances after a shorter period.

Reach out to a Family Court Lawyer in Rochester

If you’re a grandparent and you’re concerned about custody and visitation, you have legal options. Bring your questions to a family court lawyer in Rochester, like Michelle Cimino. She can listen to your situation and help you determine whether seeking visitation or custody is an option.

Reach out for a confidential consultation today.