Legal Question in Family Law in New York
Do Grandparents Have Any Visitation Rights?
My Grandson is 3 mos old now. For his 1st 2 1/2 mos, my wife & I have had him most of that time. His parents always left him with us. They acted like he was always in the way. Sometimes he'd be here for 1-2 wks, with no phone calls or visits from them. In the past 2 weeks, they are slowly keeping him from us. 2 days ago, they told us that we couldn't see him anymore because they said we wanted to keep him. When they're the ones that abandoned him here for long periods. Would we have a case in Family Court for visitation? We told them we just want to be able to see him. Now they leave him with his other Grandmother, whom claims she's registered with the Mental Health Unit because of all her Mental problems. And she brags to all about the Psychotic medication she's on. We worry about him in that environment. What can we do? We just love, miss & worry about him so much. Thank you.
2 Answers from Attorneys
Re: Do Grandparents Have Any Visitation Rights?
Yes, you do have rights to visitaiton, based on the facts you describe. The remedy is to file a petition for visitation in the Family Court in the county where your grandchild resides.
Re: Do Grandparents Have Any Visitation Rights?
NY statute does provide a means for grandparents to petition for visitation, but recent case law has created some ambiguity with respect to the extent of grandparents' rights. I think that the facts you describe strongly support a case for visitiation You need to do something quickly, as time away from the child may affect your ability to prove those facts and show how your involvement is in the child's best interests. Feel free to call me at 212-367-9167 if you wish to discus this further. I do not charge a fee for the initial consultation.
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