Legal Question in Family Law in New York

Re: Grandparent's rights

Your question is a timely one. The answer is [Yes - a grandparent may bring an action for custody].

This is a new grounds for standing in NY and the court will require a high standard of proof regarding the best interets of the child.

You, or your grandparents, are welcome to a consultation for no fee.

Re: Grandparent's rights

It would be improper for any attorney to provide you with legal advice without having first analyzed all of the facts and circumstances of the particular matter.

However, I will try to provide you with some information.

In New York, it is possible for grandparents to obtain custody of a child. However, it is most rare and reserved for unusual circumstances. The court will make a determination as to what is in the best interest of the child.

It is likely that the child's parents would have to be unfit or deceased.

A 16 year old cannot "sue" for emancipation per se. However, a child can express their wishes to a court. Their wishes would be taken into consideration in making a decision on custody.

I would recommend that you consult with an attorney on these matters. An attorney must review all of the facts and circumstances of the matter.

I hope that I have been helpful.