Legal Question in Family Law in New York
grandparents visitation
My boyfriend and I do not get along or want his mother around are son. She has been threating to take us to court. She has SPS investagaing her for the third time. My son is three months old. Whan he was first born she invaded my space she thinks she should be aloud to see him whan she wants . And caused me and my boyfriend to fight We both are at agreement that we dont want her in our sons life. Can she fight us in for visitation.
1 Answer from Attorneys
Re: grandparents visitation
She can file a petition in family court for Grandparent's visitation rights. She will have to prove to the court that she has "standing" to bring the petition. That means that she has been involved in child's life or has tried to be involved but parents have stopped her.
If she gets past that, then the court will have to determine whether it is in the child's best interest for her to have visitation.
You have the right to bring evidence against her to prove that her visitation is not in child's best interest.
The court may assign an attorney for the child.