Legal Question in Family Law in New York

Refusing Grandparent Petition for Visitation

I was handed a summons from a server to appear in court in response to an order filed by my mother-in-law requesting unsupervised visitation with my children. There is an order of protection in effect for both of my children from their father (her son). I don't think it is in the best interest of my children to see their grandmother, they have expressed no interest and actually have expressed fear since their father resides with her. She has also expressed aggressive animosity towards me and I don't want to expose my children to her hatred.

What legal action can I take to make sure she is not granted visitation rights?


Asked on 4/26/04, 1:22 pm

3 Answers from Attorneys
richard feldman richard d. feldman

Re: Refusing Grandparent Petition for Visitation

you must respond to the petition. the best interests of the child are always paramount.

call me for free consultation 212 683 8677

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Answered on 4/26/04, 1:39 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Refusing Grandparent Petition for Visitation

You can fight the petition and raise the issues as to why it would not be in the best interest of the children to be granted visitation from their grandparents.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 4/27/04, 9:16 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Refusing Grandparent Petition for Visitation

Please do not over-worry about this problem. You are the parent and the grandmother's rights are new and are very limited. She can petition for visitation, but because her son is a violent man who lives with her, she is unlikely to get visitation.

Even if she does, you can require the visitation to be at your home, without the son.

You must answer the petition by going to the court and asking the assistance of the clerk. Of course, it is best to have a lawyer.

One thing you must do is find some objective evidence to support your statement that the son is violent and the children fear him. Ask to have a law guardian appointed for the children.

This is a complicated matter, but your parental rights dwarf those of a grandparent. You are in good position to protect your children.

You are welcome to a consultation for no fee at my offices at 42 West 44th Street, New York, NY (646) 591-5786

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Answered on 4/27/04, 1:07 pm


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