Legal Question in Family Law in New York

need help

My in-laws have filed a petition against me and ny husband(who is their son) seeking visitation of my two little girls[their granddaughters]. In the petition they have written that I have kept them from seeing my kids since March of this year.My husband has repeatedly told them that they could see the kids anytime as long they would come over my house to see them but they never did.We have been to court already and I granted them one day a month they could come and see my children with parental supervision. They agreed to it and the Judge made it temporary. We were due back in court, when we went back to court they requested to have more time with the children and that they are allowed to take the kids to the mall without parental supervision. I have been having problems with them for the past 12 years. In the petition they also wrote that I'm very mean to my children that I never kiss them and I show no love. This is totally untrue I love my children more than I love my life. We re now going back to court for the third time for a trial. I have a question I would like to ask.Do grandparents have the legal right to come over my residence and take my children with them to a mall without my consent or supervision?


Asked on 9/07/02, 6:43 pm

2 Answers from Attorneys
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: need help

Since you are about to start a trial, these questions are best addressed to your attorney (who presumably knows much more about your case than anyone responding here).

If you do not have a lawyer, get one.

At the very least, you may wish to schedule an in-depth consultation with an experienced matrimonial attorney, both for purposes of a second opionion and to help strategize your case.

If you wish to discuss this wtih me privately, please call my office to schedule a consultation.

I practice in NYC and Long Island.

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Answered on 9/08/02, 12:09 pm
John Hayes The Law Office of John M. Hayes

Re: need help

Grandparent's rights are actually very limited - - not at all what grandparents would like to believe they ought to be.

Strictly speaking ::

"No. Grandparents do not have a RIGHT to dictate the terms / conditions of their time spent with grandchildren over the objection of the parents."

Other side of the coin :: "Yes. Grandparents can make life difficult in FamCt with petitions & allegations."

There is some 'slight' risk that grandparents might succeed in nudging a court to wonder "what's wrong here?" ... if there doesn't seem to be any "good & rational-enough" reason for the parents to be 'hostile' or opposed to visitation.

So, for instance, if the children are 12 years old +/-, what the big deal the grandparents can't take 'em to the mall {as in = "which of this crew is the goofiest & are they dangerously so??}?

If you get my drift.

Regards, etc.,

J.M.Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<

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Answered on 9/07/02, 6:59 pm


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