Legal Question in Family Law in New York
Do Grandparents have any Rights?
Our Grandson has been in this world for 68 days. My Husband & I have had him 50 of those days(alot of nights included). My son & his 17 yr old girlfriend are his parents. We've helped provide for them thru her pregnancy & after also. Sometimes the baby is here 2 weeks at a time with no sign of his parents. He sometimes has no diapers & formula attheir place. and they argue & break up every other day. We'd like to file for custody, but we're afraid if we do and lose, that they'll be angry & stop us from seeing the baby. Do we have a chance? Thank you for your time.
1 Answer from Attorneys
Re: Do Grandparents have any Rights?
This is a complex legal issue but I think you may have a good case.
Grandparents' rights is a subject of recent and developing case law, so there is much uncertainty as to where you stand. However, you describe facts which may constitue "extraordinary circumstances" supporting a case for custody by someone other than the natural parents. If the court agrees that such "extraordinary circumstances" exist, it will simply determine whether the child's "best interests" are better served by you or the parents. If you do not win there, you can still petition for visitation under the Family Court Act. The US Supreme Court has ruled against a similar statute in another state, but there is more recent authority in this state affirming the validity of our statute.
Please call me at 212-367-9167 to discuss this in further detail. I do not charge a fee for the initial consultation.
Good luck -
Seth M. Kaufman
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
