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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111550
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My son and his live in girlfriend have an almost 4 yr old

Customer Question

My son and his live in girlfriend have an almost 4 yr old girl.. I was just told via text from the mother not to bother picking up my grand daughter. My grand daughter and I have a very strong bond and I have baby sat since she was 8 weeks old till 11/2. I have always been there for her and recently she has spent sleep overs with us.
JA: What state are you in? It matters because laws vary by location.
Customer: Albany New York
JA: Has anything been filed or reported?
Customer: no, I just got the text less than 1 hr ago
JA: Anything else you want the lawyer to know before I connect you?
Customer: Grand daughter and I have a strong bond..we do many events together
Submitted: 1 month ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, under NY law, thanks to the US Supreme Court, legally you have very little rights in this type of situation. The US Supreme Court has held that the parents have a civil right to make decisions for their children and a grandparent or third party cannot intervene unless there is proof by clear and convincing evidence that the parents are unfit. See: Troxel v. Granville, 530 U.S. 57 (2000).
So, legally now in NY there are no real grandparents rights laws unless you can prove that both parents are unfit. If you cannot prove that, then the parents can make the decision about when you can or cannot see your granddaughter I am sorry to say.

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