Having a relationship with your grandchildren is one of the most meaningful experiences in life. If you’ve suddenly been cut off from seeing them, you may feel heartbroken, confused, and unsure of what steps to take next. Fortunately, grandparents have visitation rights in NY, which means you may still have a legal path to reconnect and protect that special bond.
New York’s Domestic Relations Law (DRL) outlines family rights, including grandparents’ rights. The law prioritizes the child’s best interest above all else. If you believe your grandchildren should have you in their lives, you can petition the Family Court to request court-ordered visitation. But to receive visitation, you must meet specific requirements and demonstrate that it benefits the child.
Grandparents’ Visitation Rights in NY
Of course, you want to have an ongoing relationship with your grandkids. But sometimes life creates obstacles that you can’t overcome on your own. A common reason why grandparents lose contact with their grandchildren is after the death of a parent or parents.
If one parent dies, the other might not have a strong relationship with the grandparent. If both parents sadly pass, grandparents may no longer be able to informally arrange to see the children. Visitation rights for grandparents are a legal pathway to restore contact with your grandchildren.
Section 72 of the DRL sets forth grandparents’ visitation rights in NY, clearly stating that grandparents can legally request visitation if one or both parents have passed.
If both parents are alive, grandparents may still request a court-ordered visitation, though this presents a new challenge: Grandparents are more likely to be granted visitation rights if they already have a substantial preexisting relationship with their grandchildren.
The court makes decisions about visitation and custody based on the child’s best interest. For grandparents, this is also true. The court will consider how denying contact would detrimentally affect the child.
Even if parents actively prevent grandparents from forming a relationship with their grandchildren, the courts may still grant visitation, provided the lack of a relationship is not the grandparents’ fault. Since the “North Star” for visitation and custody rights boils down to what’s best for the child, grandparents may receive visitation when there’s clear evidence that visits would truly help the child.
Obtaining Visitation Rights
What is it like to go through the petition process for visitation rights as a grandparent? First, you can only request visitation for biological or adoptive grandchildren. You’ll automatically have standing to request visitation if either parent has died. But you could still prove “equitable circumstances” if both parents are alive and you can prove that you had a substantial prior relationship or a parent actively prevented you from forming one.
Next, you’ll work with a trusted attorney to gather evidence of your relationship, caregiving history, and parental interference. Most critically, you’ll need to prove that visitation will benefit the child through emotional bonding or by providing stability.
You’ll attend hearings where parents and children will present their perspectives. Courts will give strong weight to parents’ objections. This is why you need to provide clear evidence that your relationship will benefit the child.
Here are some factors that weigh into whether you’ll be awarded visitation:
- Parents’ perspectives: If only one parent is alive or only one is responsible for cutting off contact, you have a stronger case than if both parents are alive and united against you.
- Preexisting relationship: If you already have a bond with your grandchild or were their caregiver, the court will be more likely to think visitation is in the best interest of the child.
- Child’s maturity: As the child grows older, their wishes will factor more into the court’s decision.
With so many factors involved, hiring an experienced family law attorney will help you strengthen your case so you can see your grandchildren. They’ll also help you move through the legal process properly and reduce errors in your case. Michelle Cimino is an experienced family lawyer who can help preserve your rights as the child’s grandparent.
Schedule a Confidential Consultation Today
Are you a grandparent who wants to see their grandchildren, but outside circumstances have gotten in the way? With court intervention, you may be able to secure visitation rights and continue developing your bond with your grandchildren. But you shouldn’t have to do it alone.
Because these cases often involve complex legal standards and strong parental objections, it’s important to work with an experienced attorney who can guide you through the process and help you present the strongest case possible.
Ready to take the next step to secure visitation? Speak to a family attorney you can trust. Michelle Cimino is a family law expert who has been fighting for grandparents’ rights in NY for over two decades. Book a confidential consultation today!
