Grandparents Rights

Grandparents can file a petition as long as they can prove that they have "standing" to be seeking visitation with or custody of their grandchildren. They must meet specific requirements prior to bringing forth the action in court. A grandparent may have standing if:

• Either or both of the child's parents are deceased

• An extraordinary circumstance justifies court intervention

The grandparents must be able to prove that there is a strong relationship that exists between them and the grandchild. If a deliberate effort is made by a parent or other guardian to prevent contact with the grandparents, and the grandparents responded by making an effort to establish or reestablish a relationship, this action may still be valid.

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PROTECTING THE BEST INTERESTS OF THE CHILD

 

Granting the grandparent visitation or custody will largely depend on whether it is in the best interest of the child. A judge will review the case carefully to make a final determination.

Some of the factors that the court will evaluate to determine the child's best interests are:

• Child's wishes

• Emotional and physical needs of the child

• Motivation of parent who is limiting the grandparents' visitation

• Morality of parents

• Parent's past behavior and conduct

• Atmosphere of the home environment

• Potential educational opportunities

It is important to consult a knowledgeable and experienced divorce attorney who serves the Nassau & Suffolk counties of New York. The Law Office of Karl Brodzansky can provide you with the level of world-class legal representation you deserve.