Do Grandparents Get Visitation Rights in NYS?
proadAccountId-18057 • April 16, 2020
Will a Divorce or Separation Interfere With Your Relationship With Your Grandchild?
Life-altering changes can often impact the grandparent-grandchild relationship, especially if there are factors that limit your time together. In order to preserve your relationship with your grandchild, you may have to file a petition and request court-ordered visitation rights.
In New York State, courts can grant visitation under certain circumstances:
- If one or both parents die.
- If the child has a substantial existing relationship with their grandparent.
- If the child's parents have interfered when the child attempted to establish or maintain a relationship with their grandparent.
First, you must establish legal grounds for your visitation request. If both parents are deceased, the decision is automatic. If one or both parents are living, an existing relationship needs to be proven. If the child's parent(s) have prevented you from establishing a relationship with your grandchild, you must provide proof.
Once you have confirmed legal grounds, you must provide proof that spending time with your grandchild is in their best interest. Factors that are considered include:
- The child's age and wishes
- The mental and physical health of everyone involved
- Your past and current relationship with your grandchild and their parents
- The distance between the child's primary residence and where the visits would potentially occur
- Your nurturing ability
- Your attitude towards each parent
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