Legal Question in Family Law in New York

Re: grandparents rights visits

In NY, a Grandparent's right to visitation is extremely limited. First they have to have standing to even request that right. Usually the grandparent's child has to be dead, or otherwise "where circumstances show that conditions exist which equity would see fit to intervene."

First why do the parents object ? "I don't like them" or "they were cold to me" won't do it. Mere animosity is insufficient.

Next the nature and extent of the grandparent-grandchild relationship will be explored. If the kids love their grandparents and see them, within reason, that should baud in favor of more visits. If the natural parents are keeping the kids from the grandparent, that will work to the grandparent's advantage. Same thing if the parents are "poisioning the well"of good feelings tween the kids and the former in-laws.

Further the court will look to the nature of the relationship. Grandparents saying they have love and affection for the grandchildren is not enough.

If the grandparents have done nothing to foster a relationship or demonstrate their attachment to the grandchild, despite opportunities to do so, then they will be unable to establish that conditions exist where "equity" would see fit to intervene.

Good luck.

Re: grandparents rights visits

New York does provide for visitation by grandparants.

Who has custody of the child?

Charles A. Whittier, Esq.

The Whittier Law Firm, PC