At The Gilmer Law Firm, PLLC, we often receive calls from grandparents who have been cut off from their grandchildren. New York law does recognize the right of grandparents to petition for visitation — but it’s not automatic. The recent Appellate Division decision in Matter of Bell v. Bell (2025 NY Slip Op 05078) offers valuable insight into how courts analyze these cases and what evidence can help grandparents succeed.
As a Brooklyn Family Law Attorney and Brooklyn Grandparent Visitation Lawyer, Attorney George M. Gilmer understands that these cases involve complex emotional and legal issues that must be handled with care.
For more on New York grandparent visitation rights, visit our full page here: Do Grandparents have Visitation Rights in New York
To understand how the Family Court handles custody and visitation proceedings generally, review the New York Unified Court System’s Custody and Visitation Guide: N.Y.S. Custody and Visitation Guide
The Facts of Matter of Bell v. Bell (2025)
In Bell v. Bell, the petitioner, Jacqueline Bell, was the maternal grandmother of the children at issue. She filed petitions in the Richmond County Family Court under Domestic Relations Law § 72(1) seeking visitation with her grandchildren after the relationship with the children’s mother deteriorated.
The Family Court denied the petitions, dismissing them for lack of standing, holding that the grandmother had not demonstrated the “extraordinary circumstances” required to bring her case. The Appellate Division, Second Department, disagreed and reversed the decision, reinstating the petitions and sending the matter back for a new hearing.
This ruling provides strong guidance for grandparents throughout Brooklyn and New York City who need a Brooklyn Grandparent Visitation Lawyer to help restore meaningful relationships with their grandchildren.
The Legal Framework: Domestic Relations Law § 72
Under New York Domestic Relations Law § 72(1), grandparents may petition the court for visitation when:
“Either or both of the parents of a minor child, residing within this state, is or are deceased, or where circumstances show that conditions exist which equity would see fit to intervene.”
This statute creates no automatic entitlement. Rather, as the court explained in Bell:
“Domestic Relations Law § 72 does not create an absolute or automatic right of visitation. Instead, the statute provides a procedural mechanism for grandparents to acquire standing to seek visitation with a minor grandchild.”
The court must first determine whether the grandparent has standing, based either on the death of a parent or “equitable circumstances.” Only after standing is established can the court determine whether visitation is in the best interest of the child.
A knowledgeable Brooklyn Grandparent Visitation Lawyer or Brooklyn Family Law Attorney can help families gather evidence of equitable circumstances and present a compelling case under DRL § 72.
What Are ‘Equitable Circumstances’?
The Second Department explained:
“Standing based on equitable circumstances should be conferred by the court, in its discretion, only after it has examined all the relevant facts. An essential part of the inquiry is the nature and extent of the grandparent–grandchild relationship.”
And when a parent frustrates contact, the grandparent must show they made genuine efforts to preserve the relationship:
“In cases where the relationship between the grandparent and grandchild has been frustrated by a parent, the grandparent must show, inter alia, that he or she has made a sufficient effort to establish a relationship with the child, so that the court perceives the matter as one deserving the court’s intervention.”
These efforts are measured by what the grandparent could have reasonably done under the circumstances.
This is where the guidance of an experienced Brooklyn Grandparent Visitation Lawyer becomes essential — ensuring the court understands the history of the relationship and the barriers the parent may have created.
The Appellate Court’s Ruling
The Appellate Division found that the Family Court’s dismissal lacked a sound basis:
“The Family Court’s determination that the grandmother lacked standing to seek visitation was not supported by a sound and substantial basis in the record.”
Evidence demonstrated that the grandmother had built a relationship early in the children’s lives and made repeated attempts to stay involved. The appellate court remitted the matter to Family Court to determine whether visitation was in the children’s best interests.
Understanding ‘Best Interests’ in Visitation Cases
Once a grandparent establishes standing, the court evaluates whether visitation serves the child’s best interests.
The New York State Unified Court System explains that:
“When a parent or grandparent asks for visitation, the judge must decide what is best for the child. The court will consider factors such as the child’s wishes, the nature of the relationship with the adult, and whether visitation will disrupt the child’s life or relationship with the custodial parent.”
This aligns with the broader national understanding of grandparent visitation law described in Wikipedia’s article on Grandparent Visitation: Wikipedia , which notes that all U.S. states allow such petitions but must balance them against a parent’s fundamental right “to the care, custody, and control of their children” as recognized in Troxel v. Granville (2000).
Thus, even in New York, courts must respect parental autonomy while ensuring children maintain meaningful relationships that serve their emotional and developmental welfare.
Key Takeaways from Matter of Bell v. Bell
1. No automatic right to visitation: Grandparents must first prove standing through either parental death or equitable circumstances.
2. Effort matters: Even if parents block access, grandparents should document consistent attempts to remain involved.
3. Focus on the child: Courts always prioritize what is best for the child — not the wishes of the adults.
4. Correct legal standard: The Family Court mistakenly applied “extraordinary circumstances” instead of “equitable circumstances,” leading to reversal.
If you are a grandparent facing similar challenges, a Brooklyn Grandparent Visitation Lawyer or Brooklyn Family Law Attorney can help you evaluate whether your circumstances meet this equitable standard and guide you through filing your petition.
Why This Decision Matters
Bell v. Bell reinforces that grandparent visitation is a matter of equity and evidence. The case highlights the importance of showing genuine effort to maintain contact, understanding statutory limits, and ensuring the proper legal test is applied.
At Gilmer Law Firm, PLLC, our Brooklyn Family Law Attorney team helps grandparents navigate these complex Family Court proceedings — from petitions to appeals. Our Brooklyn-based family law team provides compassionate representation in visitation, custody, and modification cases.
Learn more about our: Brooklyn Family Law and ACS Defense Practice
Conclusion
The Matter of Bell v. Bell decision underscores that grandparents play an essential role in a child’s life, and New York courts will intervene when equity demands it. Yet, success depends on preparation, credible evidence, and understanding how visitation fits within New York’s careful balance between family autonomy and a child’s best interests.
When handled by a skilled Brooklyn Grandparent Visitation Lawyer or Brooklyn Family Law Attorney, your petition can focus on what truly matters — the child’s emotional stability, family continuity, and best interests.
