GRANDPARENT’S VISITATION RIGHTS IN SUFFOLK COUNTY

Under current New York law, grandparents have the right to petition the court for visitation of their grandchildren or, in exceptional cases, custody of their grandchildren under Domestic Relations Law §72 and relevant New York case law. In order for a grandparent to petition the court, he or she must first have standing to do so. A grandparent has standing to request visitation or custody if either or both of the child’s parents are deceased.

The court may intervene in a situation where a parent objected to the grandparent having contact with the child and the court will evaluate the nature and basis of the objections. The grandparent must also establish that he or she has an existing relationship with the grandchild, or made a sufficient effort to establish one. If these circumstances exist, the grandparent may petition the court for visitation or custody. Once the petition is filed, the court will determine whether or not granting visitation rights or custody to the grandparent is in the best interests of the child.

Unfortunately, there is no set standard for what is in the bests interests of the child. Instead, each individual case is assessed based upon the particular facts of the situation at hand. The grandparent has the burden of proving that visitation or custody is in the child’s best interests and numerous factors are taken into account including the child’s wishes and the child’s prior relationship with the grandparent.

If you are a grandparent who is seeking custody of your grandchild in New York, it is important to know that it is well settled law that between a parent and a non-parent, the parent has a superior right to custody that right cannot be denied unless the grandparent can prove that the parent relinquished his or her parents rights due to neglect, abandonment, unfitness, or any other extraordinary circumstances.