Legal Question in Family Law in New York
visitation rights for a relative who is not a parent or grandparent
I have been taken to family court by a relative who is neither a parent or grandparent. We are currently still in the ''referee'' sessions with the judge, my husband and myself, the relative, and the my childrens lawyer (who was appointed by the courts to represent them).
The children have expressed (through their lawyer) that they do not wish to see the relative. The judge is ignoring this and I believe has already sided with my relative. He (the judge/referee) has said that I am required to go to family therapy with my children and the relative to renew my relationship with the relative so they can get to know my children. (The relative has basically disappeared from the kids life for 2 years). I do not have the money, nor do I have any coverage for these sessions. Can I be forced to pay for this? The judge also stated he will see this to the bitter end and if I do not consent to visitation, then it will go to trial.
Is there a non-parent visitation statute in NY? Does ''Troxel v. Granville'' come into play. Where do I find my rights as both a parent protecting my children and a respondent. I cannot find any info online that is similar to my case. I am only finding cases referring to parents or grandparents.
1 Answer from Attorneys
Re: visitation rights for a relative who is not a parent or grandparent
Wacky situation. I read Troxel v. Granville and I believe that it relevent to your issue.
Look also at NY DRL section 72, and McHarris v. Administration for Children's Services (2 Dept. 2008) 53 A.D.3d 660, 862 N.Y.S.2d 382. which held that Mother's cousin lacked standing to petition family court for visitation of children, where parental rights had already been terminated and children had been freed for adoption; upon the termination of parental rights, and upon the placement of the subject children into a pre-adoptive home, the legislature clearly limited the right to seek visitation to noncustodial parents, grandparents, and siblings.
Mike.
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