When a couple divorces, it can have considerable impacts on all those involved. This includes any children the couple share. However, you may not know that this process can significantly impact the ability of the child’s grandparents to see them. Unfortunately, this can leave many grandparents unsure of their legal options. If this represents your circumstances, the following blog explores the steps you can take to fight to see your grandchild. You’ll also discover the importance of working with a Long Island grandparents’ rights lawyer to help you during these difficult times.

Are Grandparents Granted Visitation in New York?

It’s important to understand that though the relationship between a grandchild and their grandparent is something that many cherish, grandparents are not granted the same rights in these matters as a child’s biological parent. As such, grandparents do not have an automatic right to visitation, but they may apply for visitation with the grandchild under certain circumstances.

Typically, a grandparent can only request visitation with the grandchild if one or both parents are deceased, there is an established relationship between the child and the grandparent, or one parent has intentionally prevented the child from seeing the grandparents.

If the custodial parent is opposed to visitation with the grandparents, the court will typically honor that as they believe the parent, so long as they are fit, understands the best interests of the child. However, the court also understands that children do benefit from a relationship with their grandparents, which is why a grandparent may petition for visitation rights.

What Factors Will the Courts Consider When Granting Visitation?

It’s important to understand that the courts will not simply grant visitation rights to a grandparent simply because they have made the request. In order to ensure that this would be in the best interest of the child, the court must examine a number of circumstances before making this decision. These factors include, but are not limited to, the following:

  • If the child and grandparent already had a strong established relationship
  • The age and maturity of the child
  • The wishes of the child
  • The relationship between the parents and grandparents
  • The impact of visitation on the child and parents
  • The amount of time that has passed since the child saw their grandparent

It’s imperative to note that when making decisions regarding the custody of a child, the court will always consider what is in the child’s best interest. However, they will also weigh the parent’s input, as again, it is believed that a fit parent understands what is best for the child.

As you can see, obtaining visitation rights for your grandchild can be incredibly difficult. That is why it is imperative to ensure you work with an experienced family law attorney from the Law Offices of Jay D. Raxenberg, P.C. Our firm understands how difficult these circumstances can be, which is why we are committed to fighting for your best interest during these uncertain times. Contact us today to learn how we can fight for you.