Legal Question in Family Law in New York

Re: Grandparents

Grandparents have standing to petition for visitation. The standard the court will use is what's in the best interests of the child.

Re: Grandparents

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 (here the father) has to be dead, or otherwise "where circumstances show that conditions exist which equity would see fit to intervene."

I can't say for sure, but your case could go either way on that one. Supposing Granddad has standing the court will look to a number of things to determine the "rights" to visit.

First why do you 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. In your case, if the kids love their grandparents and see them, within reason, that should baud in favor of more visits. If you are keeping the kids from the grandparent, that will work to the grandparent's advantage. Same thing if you 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.

Finally as an aside, a healthy relationship between grandchildren and grandparent is a good thing. As my dad used to tell me, If I knew how much fun grandchildren were, I would have started there." It is good for the kids too. The love of a grandchild is so often complete and unequivical. Even when the relationship tween the parent and grandparent is not hot, the kids rarely suffer. You might want to really look hard at your children and ask yourself if THey as opposed to you are better off with or without the GrandFather in question in there life. However you proceeed I wish you good luck.