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What are my rights in New York State as a grandparent. My

Resolved Question:

What are my rights in New York State as a grandparent. My daughter is divorced and we don't get along but my son-in-law has partial custody. He would like us to see the grandchildren since we have had an intimate relationship with them since their birth.
Submitted: 6 years ago.
Category: Legal
Expert:  Attorney & Mediator replied 6 years ago.
It is possible to obtain grandparent visitation rights if the relationship between grandparent and child was beneficial and if you have the support at least from one of the parents. You will need to petition the court asking for visitation rights and show that in the child's best interest you should be given visitation. This is a difficult process to do on your own, so a family law attorney is recommended to represent your interests.

For your review please find the NY statute regarding this issue of grandparent rights.


§ 72. Special proceeding or habeas corpus to obtain visitation rights
or custody in respect to certain infant grandchildren. 1. Where either
or both of the parents of a minor child, residing within this state, is
or are deceased, or where circumstances show that conditions exist which
equity would see fit to intervene, a grandparent or the grandparents of
such child may apply to the supreme court by commencing a special
proceeding or for a writ of habeas corpus to have such child brought
before such court, or may apply to the family court pursuant to
subdivision (b) of section six hundred fifty-one of the family court
act; and on the return thereof, the court, by order, after due notice to
the parent or any other person or party having the care, custody, and
control of such child, to be given in such manner as the court shall
prescribe, may make such directions as the best interest of the child
may require, for visitation rights for such grandparent or grandparents
in respect to such child.
2. (a) Where a grandparent or the grandparents of a minor child,
residing within this state, can demonstrate to the satisfaction of the
court the existence of extraordinary circumstances, such grandparent or
grandparents of such child may apply to the supreme court by commencing
a special proceeding or for a writ of habeas corpus to have such child
brought before such court, or may apply to family court pursuant to
subdivision (b) of section six hundred fifty-one of the family court
act; and on the return thereof, the court, by order, after due notice to
the parent or any other person or party having the care, custody, and
control of such child, to be given in such manner as the court shall
prescribe, may make such directions as the best interests of the child
may require, for custody rights for such grandparent or grandparents in
respect to such child. An extended disruption of custody, as such term
is defined in this section, shall constitute an extraordinary
circumstance.
(b) For the purposes of this section "extended disruption of custody"
shall include, but not be limited to, a prolonged separation of the
respondent parent and the child for at least twenty-four continuous
months during which the parent voluntarily relinquished care and control
of the child and the child resided in the household of the petitioner
grandparent or grandparents, provided, however, that the court may find
that extraordinary circumstances exist should the prolonged separation
have lasted for less than twenty-four months.
(c) Nothing in this section shall limit the ability of parties to
enter into consensual custody agreements absent the existence of
extraordinary circumstances.

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Attorney & Mediator, Lawyer
Category: Legal
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
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