Grandparents’ Custody and Grandparents’ Rights in New York

Grandparents’ Custody and Grandparents’ Rights in New York

April 27, 2023 Off By Glespynorson

Grandparents play a critical role in their grandchildren’s lives. They provide emotional support, childcare, and financial assistance.

Grandparents may have legal rights to visitation or custody if they are able to meet certain requirements. However, the process can be complicated.


The State of New York recognizes the importance of custody and grandparents’ rights to see their grandchildren. Grandparents can seek a court order granting them visitation rights. However, they are required to show that it is in the best interest of the child to do so.

A grandparent could be awarded custody if they are an existing blood relative of the child, and have had contact with them for at least 6 months or more. Custody can also be awarded in extraordinary circumstances, such as a single parent going to prison or both parents dying unexpectedly.

If you are considering filing for custody of your child, it is advisable to speak with an experienced family law attorney who understands the legal and practical aspects of this issue. A skilled family lawyer will help you navigate this complex legal matter and achieve the best possible results for you and your child.


Grandparents often seek court-ordered visitation in circumstances where they feel the child’s parents are denying them access to their children. Such cases are common in messy divorces or in the death of a parent (as a result of which there is a gap in the child’s relationships with their grandparents).

When deciding whether to grant grandparent visitation rights, courts will take into account a number of factors. These include the existence of a relationship between the child and the grandparent, interference by the parent, and whether the continued or newly established visitation is in the best interest of the child.

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If the court decides to grant visitation, it will typically order supervised visits. These can include therapeutic supervised visits. The court may also ask a social worker to supervise the visitation, to ensure that all parties are acting appropriately and in the best interests of the child. This can help to foster a strong bond between the child and their grandparents.

Grandparenting Privileges

Grandparents can play a critical role in a child’s life, providing emotional support and assistance with important matters such as childcare. They can also help a parent raise their children and give them guidance and advice.

Nevertheless, in some cases, grandparents are denied access to their grandchildren because of a variety of reasons including the parents’ divorce or other legal issues. For this reason, it is crucial for grandparents to understand their rights and the best ways to exercise them.

If a grandparent believes their rights have been violated, they can petition the court to grant them visitation with their grandchild. The court will consider a number of factors to determine whether or not visitation should be granted.

If you would like to request grandparent visitation, it is imperative to consult with an experienced attorney who can provide you with the proper guidance and assist you in navigating your legal options. Contact our firm today to learn more about your visitation rights and how we can help you.

Legal Representation

Grandparents play an important role in a child’s life, providing love, guidance, and support. They often form strong bonds with their grandchildren and can be a crucial source of support to a child when their parents are no longer able to care for them.

When grandparents are cut off from their grandchildren by a custodial parent, they have the right to go to court and request visitation rights. This is a difficult process and often involves emotional turmoil for the grandparents.

To be successful, grandparents must present evidence that a visitation order will benefit the child. This may include an evaluation of the grandparents’ nurturing skills or the impact they have had on their grandchild’s relationship with their parents.