Grandparents, in the State of New York, can bring visitation proceedings with regard to their grandchildren in the Family Court. The proceedings must be brought in the Family Court located in the County where their grandchildren reside. Although grandparents can bring these proceedings, they have to meet certain basic requirements to be successful in these proceedings.
An example of one of the situations where the grandparents can obtain either visitation or custody of their grandchildren is where one or both of the grandchildren’s parents are deceased. In addition, where the courts find the appropriate conditions exist for the grandparents to have visitation and the visitation is in the grandchild’s best interests, the courts can also grant the grandparents visitation. In these cases the grandparents have the obligation to show the court there are circumstances involving a strong relationship between the grandparents and their grandchildren and that it would be in the grandchild’s best interests to continue to maintain that relationship with the grandparents.
Grandparents Visitation Where Both Parents Are Alive
In cases where both parents are alive and neither of them are unfit parents, the grandparents must show, in their petition, more than that they simply have a great love and affection for their grandchildren. They must establish that their relationship with the grandchildren has existed over a period of time and the parents have taken action to prevent the continuation of this relationship between the grandparents and their grandchildren. The grandparents must show that they have tried to maintain the relationship with the grandchildren and the parents have interfered or prevented the continuation of this relationship.
If the grandparents can show they have had a relationship over a considerable period of time with their grandchildren and this relationship has contributed to the health and well-being of the grandchildren the courts will find that it is in the grandchildren’s best interests to continue to maintain their relationship with their grandparents. In these situations the court will give the grandparents visiting rights with regard to their grandchildren.
Elliot Schlissel is a grandparents rights’ attorney.
About Elliot S. Schlissel
