Understanding Grandparent Rights in New York State

When families face conflict or separation, grandparents are often left wondering where they fit into the picture. In New York, there are certain circumstances under which grandparents do have legal rights. Here's what you need to know about grandparents’ rights in New York State.

When Do Grandparents Have Legal Rights in New York?

Under New York law, grandparents may petition the court for visitation rights or, in limited situations, custody of their grandchildren. These rights are not automatic, but they are recognized when certain conditions are met.

1. Visitation Rights

Grandparents can petition the court for visitation in the following situations:

• One or both parents are deceased

• There has been a long-standing and positive relationship between the grandparents and the child

• Circumstances exist where visitation is in the best interests of the child, even if the parents object

Courts look at the totality of the circumstances, including the grandparent's involvement in the child's life and the reasons for any opposition by the parents. The key standard is always what’s in the child’s best interests.

2. Custody Rights

While parents generally have a constitutional right to raise their own children, a grandparent may seek custody if:

• The parents are deemed unfit or have abandoned the child

• Extraordinary circumstances exist, such as long-term care of the child by the grandparent

• The child’s health, safety, or welfare is at risk under parental care

Custody cases are more complex than visitation petitions and require substantial proof. A judge will consider all relevant factors to determine what arrangement is best for the child.

3. How the Court Decides

Whether you’re seeking visitation or custody, the court will evaluate:

• The prior relationship between the grandparent and child

• The wishes of the child, depending on their age and maturity

• The reasons for parental objection, if any

• The mental and physical health of all parties

• Any history of abuse or neglect

4. Why Legal Guidance Matters

Grandparents’ rights cases are emotionally charged and legally complicated. Filing the proper petition, presenting a compelling case, and responding to opposition from the child’s parents all require careful planning and legal knowledge. Having an experienced family law attorney on your side can make a significant difference.

5. Speak with a Grandparents’ Rights Attorney Today

If you’re a grandparent concerned about maintaining contact with your grandchild or wishing to obtain custody, contact our office today for a consultation and let us explain your legal options.