Do Grandparents Have Visitation Rights?
Grandparents hold a statutory right to petition for visitation in New York. They play an essential role in the lives of their grandchildren, providing love, support, and guidance and serving as a source of stability during difficult times.
New York State recognizes the importance of grandparents in a child’s life and the potential harm that can come from losing that relationship. To help grandparents maintain a strong connection with their grandchildren, the state allows them to petition for visitation rights. Learn more about visitation rights for grandparents.
When Can Grandparents File for Visitation Rights?
Grandparents may have the legal right to request court-ordered visitation with their grandchild in certain circumstances. These circumstances may include:
- One or both parents are deceased
- The grandparent(s) have been actively involved in the child’s life and have a close bond with them
- The child’s parents or guardian has made it difficult or impossible for the grandparents to see or spend time with the child
Filing for Visitation Rights
Grandparents seeking the right to visit a grandchild have two options: you can file a petition for a visitation order or file a petition to modify an existing visitation order. You must file a formal written request in the county where the grandchild resides.
The petition for grandparent visitation rights (NY) outlines the basis for seeking visitation rights. It features the following elements:
- A comprehensive description of the grounds for their request, including details regarding the existing relationship with the grandchild
- Convey any instances of interference
- Explanation of how visitation would be in the best interest of the grandchild
- A proposed visitation schedule
What Should You Expect in a Hearing?
Before a hearing, the judge may appoint an Attorney for the Child or a law guardian to represent the child’s interests. During the hearing, all parties must provide testimony.
Protecting Grandparent Visitation Rights in NY
Experience compassionate legal representation dedicated to preserving the bond between grandparents and grandchildren when you retain our office. The Law Offices of Ian S. Mednick can guide you through court proceedings, striving to create a visitation arrangement that fosters lasting relationships.
Get trusted legal support for protecting grandparent visitation rights. Connect with us today for a free consultation.
