Legal Question in Family Law in New York
My former daughter in law gave me verbal permission to take my three grandchildren in Oregon to a family reunion in New Mexico. Their ages are 11, 10, and 8 years of age. Her only stipulation was they had to be accompanied by an adult on the direct three hour flight. She has now said, "No, she changed her mind, they can't go." There is nothing in the divorce decree giving me any grandparent visitation rights. It has always been handled verbally, with no problem. I realize I have to take court action to address my rights for future events, but can I do something expediently to recoup the travel expenses already accrued, or better yet, to get a court order forcing her to allow them to attend the family reunion in July?
1 Answer from Attorneys
If you can prove your money loss was based upon your good faith reliance upon ex daughter in law's promise, you may be able to recover your out of pocket costs & expense for grand's canceled trip with you, in Small Claims Court.
However, although there is growing law in the USA, concerning Grand Parent's "rights" such "rights" are controversial and are not universally recognized or applied across State lines.
In addition, a Grand Parent's "rights" to visitation etc., generally do not come into play, unless their child is deceased, unavailable; or they were at some time caretakers of the grand children.
Keep in mind that, "rights' do not exist w/o corollary affirmative obligations. Which obligations Grand Parents do not ordinarily have for the grand children, under the law.
Suggest that you negotiate w/ ex daughter in law & put to rest any issues or concerns she may have (whether reasonable or not), re your grands participation in the rewarding event of a family Reunion. Talk about what your grands will likely gain from the trip & their much desired contributions to the family gathering.
Good luck,
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