Do Grandparents Have Custody Rights in New York?

In the state of New York, grandparents may have limited rights to visit their grandchildren. This is because the law states that parents have the fundamental and primary right to raise their children how they see fit. As a result, grandparents will only be granted specific visitation rights if the New York courts believe that doing so is in the best interests of the child.

There are many factors that could be evaluated by a New York court when it comes to determining grandparent visitation rights, but there is a two part test employed to decide whether this is the most appropriate solution. First, the court has to feel that visitation rights for the grandparents is in the best interests of the child. Second, it has to be clear that there is already a functioning and established relationship between the child and the grandparents.

When it comes to determining the best interests of the child in a New York grandparent visitation case, the court might evaluate the wishes of the child, the morality of the parents, the past behavior of one or both parents, education opportunities, how the home environment influences the child or children, and the physical or emotional needs of the child.

Visitation rights cases for New York grandparents can be difficult because compared to other states, New York is relatively restrictive. This doesn’t mean that you don’t have a possible case, however. If you believe that you should fight for visitation rights of your grandchildren, you need to consult with an experienced New York family law attorney to learn more about how to initiate this kind of case. Since the law is complex, it’s essential to hire a talented attorney as soon as possible for your case.