Losing contact with a grandchild is heartbreaking. If you’re a grandparent in New York hoping to restore that relationship, you might wonder whether you have any legal rights in this situation. In many cases, the answer is yes. New York law gives grandparents the right to petition the courts for visitation, especially if your grandchild’s parent has died or you have a close, ongoing relationship with the child. These situations can be complex, but the courts are willing to listen, especially if you can show how visits with you would benefit the child.
What New York Law Says About Grandparents’ Visitation Rights
New York’s rules on grandparents’ visitation rights are outlined in the state’s Domestic Relations Laws, along with supplementary information from the state court system. Here are the essential points to know:
- Grandparents can request court-ordered visitation under New York law.
- If one or both parents are deceased, grandparents automatically have the right to ask the courts for visitation.
- If both parents are living, grandparents must show extraordinary circumstances to move forward with a visitation request. Examples of extraordinary circumstances include having raised or primarily cared for the child or a prolonged period (typically 24 continuous months) where the parent voluntarily gave up care and the child lived with you. This situation is called an “extended disruption of custody.”
- Courts may still find that extraordinary circumstances apply even if the custody disruption lasted less than 24 months, depending on the details.
- Grandparents can file a petition in either Family Court or through the state Supreme Court to request visitation.
- The court will consider the best interests of the child when deciding whether to grant visitation, regardless of the situation.
- Parents and grandparents may also establish voluntary visitation or custody agreements without going to court or proving extraordinary circumstances.
Is Going to Court the Best Option to Gain Visitation Rights as a Grandparent?
Going to court might be necessary if you’ve tried everything and still can’t see your grandchild, but it’s not always the best or only option. Court proceedings can be stressful and expensive and may increase tension within your family, especially if your relationship with the child’s parents is already strained.
That’s why it’s often best to explore other solutions first. In many cases, a New York family law attorney can help open lines of communication between you and the child’s parents through letters, phone calls, or informal mediation. Sometimes, a structured conversation – guided by a neutral third party – can lead to a mutual agreement that allows you to reconnect with your grandchild without stepping into a courtroom.
An attorney can also draft a voluntary visitation agreement between you and the child’s parents if both sides are willing to cooperate. This approach keeps the decision-making in your family’s hands rather than a judge’s. If those steps don’t work, your lawyer will be fully prepared to represent you in court.
How to Apply for Court-Ordered Visitation as a Grandparent
If you decide to pursue visitation with your grandchild through a court order, an attorney can guide you through every step. First, they’ll help you prepare a formal petition for visitation, making sure it clearly explains your relationship with your grandchild and why visitation is in their best interests. They can also help you show that extraordinary circumstances exist justifying your petition, such as a long caregiving history between you and the child or a breakdown in family ties.
Once your lawyer files your petition in Family Court or Supreme Court, the court will schedule a hearing. They’ll represent you at that hearing, present evidence in your favor, and make the case for why continued contact with your grandchild is essential for their well-being. If the court asks for additional documentation or testimony, your lawyer will help you gather and present it effectively.
Contact Our New York Grandparents’ Rights Lawyers
At The Gilmer Law Firm, PLLC, we believe grandparents play a crucial role in the lives of their grandchildren, and we can help you preserve that relationship. Whether through the courts or other means, we can help you bridge the divide between you and the child’s parents to give your grandchild the love and support they need. Call now or complete our contact form to set up a free phone consultation.
