Legal Question in Family Law in New York
Grandparent Rights
When a minor grandchild is taken from the household by its mother, and taken to Puerto Rico, does the grandparent have any rights in retrieving the child from Puerto Rico? Or visitation.
1 Answer from Attorneys
Re: Grandparent Rights
You do not mention the age of your grandchild or the circumstances of the move to PR. Generally, Grandparent visitation has been allowed in NY, in the best interests of the child, where the Grandparent has an existing relationship with the grandchild.
Although GP visitation has been held unconstitiutional by the US Supreme Court [striking down the statute of another state], and by a Family Court judge in Brooklyn, I believe the New York law will be upheld. A majority of the judges on the NY Court of Appeals are grandparents.
Hope this helps.
www.BravermanLawFirm.com
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