Grandparents play a vital role in their grandchildren’s lives. However, when couples dissolve their marriage or a parent dies, it can upend that relationship. Many grandparents wonder whether they have the right to request court-ordered visitation time. Fortunately, under certain circumstances, grandparents hold visitation rights. Nevertheless, despite their visitation rights, they will be burdened with proving that they should be granted visitation as it is in the child’s best interests. If you believe that you are being unfairly denied the ability to spend time with your grandchildren, it is in your best interest to contact a trusted Nassau County Family Lawyer who can help you obtain court-ordered visitation with your grandchildren. Please continue reading to learn more about grandparent visitation in New York.
Do Grandparents Have Visitation Rights in New York?
In New York, grandparents do not automatically receive the right to visitation with their grandchildren. However, the law allows grandparents to file a formal petition with the court to seek visitation, so long as specific circumstances are present. As such, the judge assigned to the case can then review the petition to determine if granting the request would be in the best interest of the child.
In short, grandparents in New York are not granted automatic visitation. However, they have the right to request visitation, but even so, they are not guaranteed approval.
When Can a Grandparent Ask the Court for Visitation on Long Island?
New York does have limitations in place as to when a grandparent has the legal standing to petition for visitation with a grandchild. Unless they have the grounds to file the petition, the case will be dismissed. As such, a Nassau County grandparent may seek visitation with a grandchild when:
- One or both of the parents is deceased
- The grandparent already has a standing, substantial relationship with the child
- The parent or parents have intentionally interfered with or deterred a relationship
- Extraordinary circumstances require court involvement
It’s also important to note, however, that just because a grandparent has the legal standing to bring forward a petition does not mean they are automatically entitled to visitation. It must still be in the best interest of the child, which is determined after establishing legal standing.
What Must Grandparents Prove to Receive Visitation?
As mentioned, even with legal standing to seek visitation, grandparents are still required to fulfill the burden of proof. Essentially, this means the grandparents must show that visitation would be in the best interest of the child.
These cases are often difficult, as New York law prioritizes the rights of parents to make decisions on behalf of their children.
The Best Interests of the Child Standard
In any case involving child custody or visitation, the courts in New York, and across the country, are required to adhere to the “child’s best interests” standard. Essentially, this prioritizes the overall health, safety, and well-being of the child above all else, including the wants and wishes of parents or grandparents. To determine the best interests, the court will evaluate:
- The child’s age and health
- The strength and duration of the relationship between the child and grandparent
- How long the child has been separated from the grandparent
- The child’s preference (if mature enough to express their wishes)
- Grandparents’ past and current relationship with the child’s parents
- The mental and physical health of all involved parties
- The distance between the child’s home and the location of your proposed visits
Parental Objections and Constitutional Considerations
Parents have the fundamental right to determine who spends time with their child. However, it’s important to understand that this does not automatically mean that a grandparent’s request will be denied. The courts will consider:
- If the parent’s refusal is made in good faith
- If granting visitation would undermine parental authority
- If denial would cause emotional harm to the child
In short, even if a grandparent has the legal standing to request visitation with a child, it will only be granted if it is clearly in the best interest of the child.
How Prior Relationships Influence the Court’s Decisions
In general, a meaningful and established relationship between a grandparent and child can significantly strengthen a grandparent’s claim. Essentially, the New York Family Court is looking for evidence that a grandparent played a consistent and important role in the child’s life before visitation was denied.
Evidence That Can Support a Grandparent’s Petition
- Photos, videos, messages, or any other evidence that shows regular interactions
- Testimony from teachers or caregivers
- Proof of past caregiving responsibilities
- Evidence that shows an attempt to maintain meaningful relationships
Situations Where the Court Is Unlikely to Grant Visitation
As mentioned, these cases are often examined on an individual basis. However, courts may be more reluctant to grant a grandparent’s visitation request if:
- There was no meaningful relationship previously present
- Visitation would disrupt the child’s relationship with a fit parent
- There is evidence of abuse, neglect, or an unsafe environment
- The request appears to be retaliatory against the parents.
Contact an Experienced Long Island Family Law Firm
If you can prove that court-ordered visitation is in your grandchildren’s best interests, the court will likely grant your request. If you seek visitation as a grandparent, contact a determined Nassau County family lawyer from the Law Offices of Eyal Talassazan, P.C. today. Our firm is committed to helping our clients prove that granting them court-ordered visitation is in a child’s best interest.
