Compassionate Counsel for Grandparents’ Rights in New York

Grandparents often play a very important role in the lives of their grandchildren. But unfortunately, divorce, death, separation, and other family circumstances can sometimes interfere with these relationships. If you are a grandparent in New York who is prevented from seeing your grandchild, it’s essential to be aware that you may be entitled to visitation under the law. The family law attorneys at The Edelsteins, Faegenburg & Brown are dedicated to representing the legal interests of grandparents and assisting them with protecting the relationships they have with their grandchildren.

Adept Advocacy for Grandparents’ Visitation Rights

Under New York law, the best interests of the child are first and foremost. As a grandparent, you may be entitled to request visitation with your biological or adopted grandchild if it would be in their best interests to do so. At The Edelsteins, Faegenburg & Brown, LLP, we assist grandparents with filing petitions for visitation and guide them through the legal process necessary to secure their rights.

Generally, you can ask the court to order grandparent visitation when one of the following circumstances exists:

One or both parents pass away
You have a substantial existing relationship with your grandchildren
The child’s parents have interfered with your efforts to establish or maintain a relationship with your grandchildren

Grandparent visitation cases are often complicated and require that you establish the legal grounds necessary to support your request. While courts give significant weight to the decisions of parents when it comes to who sees their children, acrimony between parents and grandparents is not enough by itself for a court to deny grandparent visitation. Our knowledgeable attorneys will help you build your case and ensure you provide the court with the evidence necessary to prove that the proposed visitation would be in your grandchild’s best interests.

Reliable Representation for Grandparents’ Custody Rights

Although grandparents may have the right to request visitation with their grandchildren in certain situations, they do not have automatic custody rights. Grandparents may only seek custody of their grandchildren under extraordinary circumstances. To obtain custody as a grandparent, you must either have the consent of the child’s parent — or show that the parent is unfit to care for the child. A court may consider a grandparent’s petition for custody in cases where the parent has a serious substance issue that affects their ability to care for the child, as well as in cases involving abuse, neglect, or abandonment.

A grandparent seeking custody of a grandchild has the burden of being able to demonstrate to the court that there are legal grounds warranting the removal of the child from a parent’s custody. Typically, they will need to present evidence such as witness testimony and mental health records. In many cases, if a judge decides it is in the best interests of the child for the grandparent to have custody, it won’t necessarily be a long-term custody placement — but a temporary one.

At The Edelsteins, Faegenburg & Brown, LLP, our experienced family law attorneys know how much your relationship with your grandchild means to you. Whether you are seeking visitation or custody, we are committed to protecting your rights and ensuring the best interests of your grandchild are met. Providing compassionate counsel and personalized attention, we work diligently to achieve positive results in every case.

Contact a Skillful New York Family Law Attorney

If you are a grandparent who wishes to request visitation with your grandchild or pursue custody, it’s vital to have reliable representation to guide you through the legal process. At The Edelsteins, Faegenburg & Brown, LLP, our family law attorneys offer clients capable counsel and skillful advocacy for legal matters involving grandparents’ rights. Call (212) 425-1999 to schedule a consultation or contact us now to learn how we can help.