Generally, NYS statutory and case law reflect the philosophy that grandparents play a critical role in the lives of their grandchildren. That is, statute and case law support grandparent rights; however, such rights are not absolute or unqualified. While grandparents may have standing in custody and visitation proceedings, the circumstances in which they may proceed in court against the parent(s) are limited.
If you are a grandparent in need of legal representation, call Jane K. Cristal, P.C. at (800) 817-5029.
Domestic Relation Law §72 was enacted with the purpose of providing guidelines for grandparents who wish to seek judicial determination of visitation rights or custody rights with respect to their grandchildren. Regarding visitation, simply stated, there are legal requirements that must be met before grandparents may proceed with court intervention. In the event one or both parents are deceased, the grandparents have an absolute right to seek court-ordered visitation. If this is not the case, then the grandparents are permitted to petition the court only upon a showing that circumstances exist between the grandparent and grandchildren that would support judicial intervention. If it is so found, then the grandparents are said to have standing to petition the court for visitation and allowance of visitation is then dependent on a judicial determination of the best interests of the grandchildren.
When grandparents attempt to open a line of communication with the parents, and all efforts fail, meeting with a Nassau County family law attorney is advised. Contact the seasoned team at Jane K. Cristal, P.C. to review your concerns and options, as well as obtain the information and insight needed to proceed. We represent clients throughout Suffolk and Nassau Counties, including areas throughout Long Island.
You can reach our firm at (800) 817-5029 today.