Legal Question in Family Law in New York

No Petition for Custory Filed, Do G-Parents Still Have Rights???

I have just left my husband due to unpleasant circumstances. I have not filed any paperwork for custody & my mother-in-law wants to take our 2 year old son for the weekend. My lawyer advised me against the visit, but my mother-in-law said something about having grandparents rights. We are in NY state. Are there grandparent rights even though no custody has been granted yet?? I am afraid that his mother will take my son or give him to my husband to take. Please help this is all so confusing!


Asked on 8/31/06, 4:00 pm

1 Answer from Attorneys
Seth Kaufman Kaufman PLLC

Re: No Petition for Custory Filed, Do G-Parents Still Have Rights???

Given the possibility of a custody dispute, it is especially important to consult with an attorney about your situation right away. The Family Court Act provides that a grandparent may commence a proceeding for visitation with a child. However, the courts have held that an order granting such visitation over a parent's objection may only be made where a special relationship already exists between the child and grandparent. These cases are very fact-specific, so you need to discuss the details with an attorney who can properly assess your case.

Read more
Answered on 8/31/06, 5:41 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York