Legal Question in Family Law in New York

Re: Grandparent Visitation

The test is the "Best Interest of the Child" - which may sound a bit nebulous but is often clear cut in it's usage.

Re: Grandparent Visitation

This is not a simple answer, as set forth by Mr. Lagonia.

New York has a statute, DRL section 72, that states the following:

� 72. Special proceeding or habeas corpus to obtain visitation rights in respect to certain infant grandchildren

Where either or both of the parents of a minor child, residing within this state, is or are deceased, or where circumstances show that conditions exist which equity would see fit to intervene, a grandparent or the grandparents of such child may apply to the supreme court by commencing a special proceeding or for a writ of habeas corpus to have such child brought before such court, or may apply to the family court pursuant to subdivision (b) of section six hundred fifty-one of the family court act; and on the return thereof, the court, by order, after due notice to the parent or any other person or party having the care, custody, and control of such child, to be given in such manner as the court shall prescribe, may make such directions as the best interest of the child may require, for visitation rights for such grandparent or grandparents in respect to such child.

However, very recently the United States Supreme Court struck down a similar Washington State Statute, holding that it was unconstitutional to deprive a parent its right to raise a child has they see fit.

"Washington's breathtakingly broad statute effectively permits a court to disregard and overturn any decision by a fit custodial parent concerning visitation whenever a third party affected by the decision files a visitation petition, based solely on the judge's determination of the child's best interest. A parent's estimation of the child's best interest is accorded no deference." JENIFER TROXEL, ET VIR v. TOMMIE GRANVILLE, 120 S. Ct. 2054 (2000).

Since this is a US Supreme Court Case, it should be applied in New York State. However, there are so many other issues that it would be imperative that you retain an attorney before you file a petition in Family Court.

Mike.

Re: Grandparent Visitation

Grandparent Visitation is alive and well in NY, and will remain so.

If there is a problem in the present arrangment, you can file a modification petition in the Family Court.

What does your attorney say about this problem?

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