Do Grandparents Have Visitation Rights in New York?

Grandparents play an important role in a child's life, but what happens when they are denied access to their grandchildren? In New York, grandparents do have legal rights to request visitation, but it is not automatically granted. At The Law Office of Tracy and Tracy, our experienced family law attorneys help grandparents understand and navigate their rights in Staten Island and throughout New York City.

Can Grandparents Get Custody in New York? 

A non-parent such as a grandparent, sibling, aunt/uncle, or other family member generally cannot get custody of a child except for cases of abandonment, neglect, unfitness of both parents, or other extraordinary circumstances. If the non-parent is granted custody of the children in these cases, it does not mean that they will be able to have custody of the children forever. The court will usually give the parents the chance to work to get custody of their children back.

In order for a non-parent to get custody, they must show that one of the following is true:

• the parent has abandoned or surrendered the child;

• the parent has neglected the child;

• the parent is unfit; or

• There are extraordinary circumstances why the non-parent should get custody and giving the non-parent custody is in the best interest of the child.

For example, if both parents are incapacitated and unable to care for their children due to substance abuse, the children may be placed temporarily with a grandparent or other family member. The parent will usually have the chance to comply with substance abuse treatment and other court mandates like mental health treatment to attempt to get their children returned to them. 

If a parent leaves their child with a grandparent for 24 months continuously, this may be deemed by the court as an “extraordinary circumstance.” Each situation is different, and when dealing with grandparent’s rights, you’ll need an experienced law firm like Tracy and Tracy navigating the many legal complexities. 

Can Grandparents Get Visitation Rights in New York? 

Grandparents have the legal right to request reasonable court-ordered visitation with a child. However, grandparent visitation is not automatically granted by New York Family Courts.

The most common circumstances under which grandparents have the legal right to request court-ordered visitation with their grandchild include:

• One or both of their grandchildren’s parents have died

• There is a substantial existing relationship between the grandparent and grandchild

• The child’s parent or guardian has created barriers or otherwise interfered with the grandparents’ relationship with their grandchild

This right only applies to biological or adoptive grandparents, and does not apply to other family members like aunts and uncles or extended family members. 

The court will require you to prove that you have a legal right to court-ordered visitation and that the proposed visits are in your grandchildren’s best interests.

How Does the Court Decide Grandparents Rights in New York?

Family Court evaluates grandparent visitation requests based on the best interests of the child. The court considers factors such as:

• The existing relationship between the grandparent and grandchild

• The reasons for denial of visitation by the parents

• The overall well-being and emotional needs of the child

What If The Custodial Parent Is Opposed to Grandparents Visitation?

In New York, parents have a fundamental right to make decisions about their child's upbringing, including whether grandparents should have access. Courts give significant weight to a parent’s objections, unless there is compelling evidence that visitation is in the child’s best interest.

However, New York courts also recognize the benefits of a grandchild having a relationship with their grandparents, such as child care, education, developmental activities, and basic love & affection. If a parent objects to that relationship, then the courts must give additional weight to the parent’s wishes for their child, the reason for objecting to such a relationship, and their right to make decisions for the child’s upbringing.

How The Law Office of Tracy and Tracy Can Help

Navigating grandparent visitation cases can be legally complex and emotionally charged. Our skilled family law attorneys provide the legal guidance needed to advocate for your rights while prioritizing the child’s best interests.

If you are a grandparent seeking visitation rights in New York, contact Tracy and Tracy Law Firm today for a consultation.