Are Grandparents Allowed Visitation Rights in New York?

Are Grandparents Allowed Visitation Rights in New York?

If you are a grandparent and would like to obtain visitation rights of your grandchild, you have options. With the help of a skilled New York family law attorney, you can request a visitation order with the court and provide them with information pointing to why you will be a beneficial part of your grandchild’s life. Contact our firm today to discuss the specifics of your case and how we can best help you.

Can grandparents request a visitation order?

If you are concerned that you will not have access to your grandchild, you may be able to file a visitation order. It is essential to note that only parents, grandparents, and siblings can request a visitation order. Other relatives, including aunts, uncles, cousins, and other family members are not able to request visitation. Furthermore, it is not enough to just file the order for visitation to obtain visitation rights to your grandchild. In addition to filing, you will also need to prove to the court that if you obtain visitation rights, it will be in the best interests of the child.

What will the court take into consideration?

The state of New York court will always prioritize the child’s best interest. This means that they will ensure that the child’s standard of living is the same or even better than before the divorce. Because of this, the court may look into the following factors:

  • The effect the visitation will have on the relationship between the child and the child’s parents
  • The time-sharing arrangement between the parents and the child
  • The relationship between the parents and the grandparent
  • The relationship between the child and the grandparent
  • Any history of abuse (physical, emotional, sexual) or neglect by the grandparent
  • The amount of time since the child last saw their grandparent and the reasons for any lapse in contact
  • Any other factor pertaining to the best interests of the child
  • If one parent is deceased, the court may consider the time-sharing agreement that was previously established with the deceased parent
  • The good faith of the grandparent while applying

Do not wait to reach out to our firm today to discuss any questions or concerns you may have regarding grandparents’ rights and how you can file for visitation. Our dedicated legal team is equipped with the knowledge and experience necessary to ensure that you and your grandchild’s best interests are a priority.

Contact our experienced Nassau County firm

The Pollack Law Firm, P.C., rated Nassau County’s “BEST” divorce lawyers and proudly serving clients in Nassau and Suffolk County for more than 22 years, is always available to assist and represent parties in divorce, separation, and all other matrimonial and family law matters. Contact us online or call today to schedule your complimentary case analysis: (516) 938-3330.

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