Grandparents’ Rights

The bond between grandparent and grandchild may be as strong as that of parent and child. In some instances, that bond may be stronger, depending on the parent’s ability to care for their child. In modern society, with more and more parents working and the task of child care left to other family members, it is the grandparents who have become the next “primary caregiver” in a child’s life. Or, there may be a situation because of substance abuse, imprisonment or other impediment that the grandparents become the major influence in the child’s life. Under normal circumstances, either or both parents involve the children with their grandparents willingly. But what happens when either or both parents tries to block an already established relationship between grandparent and grandchild? And will the grandparent have a forum in which to exercise “visitation” rights to a grandchild. Contact a Long Island divorce attorney from our firm if you have any other questions.

Grandparents’ Rights in New York

In New York, grandparents have the right to request visitation rights, but only in special circumstances, such as upon the death or divorce of a parent. Since the natural bond between parent and child is paramount, courts will not look to supersede that bond. However, where the grandparents have established a strong relationship with the child and when it would be in the “best interest” of the child to continue to maintain the relationship with their grandparents, courts may determine a grandparent entitled to “visitation” with a grandchild. This can be something which is agreed upon between the “hostile” parents and the grandparent; or if no agreement can be effectuated, a court can be called upon to make such a determination.

If you are a grandparent who has been denied access to your grandchild, do not hesitate to call the Law Offices of Jay D. Raxenberg Toll Free at 888-543-4867 for a consultation and to make certain your rights are protected.