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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2512
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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what are grandparents rights in N.Y.

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what are grandparents rights in N.Y.
Where is "P.R." and where was the Order giving you visitation entered?
Customer: replied 7 years ago.
Pureto Rico and the court order was given in N.Y.
Okay, thank you. You already have a court order giving you grandparent rights and phone contact, you say. Therefore, the issue is more an enforcement issue, as opposed to obtaining visitation. In order to enforce an existing order, you would have to file contempt, also known as a rule to show cause. The problem with that is, even if you can get them served in PR, if they don't show up, you still are not going to get the relief you want. MOst Judges issue a bench warrant if someone fails to show up to one of these hearings so that if they ever are in NY and get pulled over, for example, the officer will see there's an outstanding warrant and they'll be taken directly to jail pending a hearing about why they didn't show up. Your only other option is to try to enforce the Order in P.R., which would most likely require you to go to PR and get an attorney there to "domesticate" your NY order. So if they come back to NY frequently, that would be the cheapest way go to
Customer: replied 7 years ago.
They dont come to N.Y. they have nothing drugs are involved they support themselves by stealing.There are 3 kids involved here 1 is not even his and my daughter is afraid of him.They have no furniture and the kids play in a square.ACS tells me that it is poverity not neglect
Well, maybe you need to hire an attorney in PR to ask for custody instead of trying to enforce visitation. If you have good evidence of abuse, that it a basis for getting custody. I will tell you that it is very hard to get custody from 2 biological parents, so be sure you have very good proof of abuse before you start
Customer: replied 7 years ago.
1 kid is not his How is my chances with him

If that child is not related to you and s/he wasn't adopted so that s/he is related, then you would not have the right to seek custody of that child

Customer: replied 7 years ago.
Its my grandson by a different fatherbut its still my daighters son and he is going thru HELL
Well, if you are the grandparent, then you can add him to the list of children you are trying to get, but you would need to add his other parent to the action, as well.
Customer: replied 7 years ago.
hts father does npt want him in P.R. will they seperate sibblingsr
Yes, that is always something that could happen.
Customer: replied 7 years ago.
ACS is involved but PR is slow
Yes, they're not the most expedient or easy people to deal with. You will be in for a big fight.
Customer: replied 7 years ago.
ok not having much money doesnt help why cant they see these kids are in danger

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SC Law Attorney, Family Law Attorney
Category: Family Law
Satisfied Customers: 344
Experience: I have been practicing primarily in the field of Family Law for approximately 17 years
SC Law Attorney and 2 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
Relist: Inaccurate answer.
Your visitation rights as a grandparent depend on the terms of your visitation order. If the parents are not abiding by the order, you may be able to file a contempt action against them or file a police report for violation of a court order. Whether or not you can do this depends largely on how specific the order is. If it simply says that you have the right to reasonable visitation, there is no way to enforce such a vague order. If the order says that you are entitled to visitation every Wednesday from 5:00 p.m. to 8:00 p.m. and the children are not presented at the exchange point, that is a violation that you can enforce.

Either way, you can go back to court in New York to modify the order. You can make it more specific if it is too vague or you can set up a new schedule based on the fact that the kids are now in Puerto Rico instead of New York. You can also file for custody of the children if the parents are unable to care for them. You do not need to be a legal relative of the children to seek non-parent custody, although it helps. You would have to seek non-parent custody in the jurisdiction where the children are living (Puerto Rico.)
Customer: replied 7 years ago.
Would they seperate sibblings 2 are the 1 my daughter is with nowand 1 is by a different father
The Courts generally prefer not to separate siblings but it is still done under many circumstances - especially half siblings.
Customer: replied 7 years ago.
I want to presue this matter but it is so costly.On the visition order it states that I get the children 2 of then from Dec.26 until the day before school starts in P.R.I cant afford to fly them in is there anyone I can go to to help me fly them in
Not that I'm aware of. Does the order say that you have to pay the airfare both ways? You could ask for an order dividing the cost or even requiring the parents to pay. The court may not grant that request but it's worth a try.
Customer: replied 7 years ago.
It states I pay they dont have 2 nickels to rub together they dont even have furniture
Unfortunately, they cannot be held in contempt if you are responsible for payment and you cannot pay. But, if you can come up with the funds to pay for the trip, they are required to let the children go with you. You still might be able to get them in contempt for failing to comply with the court orders re phone contact.
Customer: replied 7 years ago.
What would happen if I file contempt for the phone calls

If you are able to prove that the parents are in violation of the court ordered visitation schedule then they may be penalized (including the possibility of being imprisoned) for as long as the contempt continues. Most judges will give them the chance to immediately comply with the aspect they are in violation of. If they can’t or don’t comply a judge will order them to suffer some penalty until they do.

The judge will write an order holding your the other party in contempt and specifying how they can purge themselves of the contempt. The judge may order them to immediately comply or give them a certain amount of time to comply. Some grounds for no jail time are:

  • No one to care for dependent children.
  • Possible loss of his/her job.
  • Physical or emotional disabilities.
  • Proven inability to comply with the court order.
When the possibility of imprisonment exists, the defendant (the parents) are entitled to an attorney (free if they cannot afford one.) You probably cannot figure out the forms on your own. I encourage you to contact the legal services program that provides free legal services to residents of your area. There is a legal aid program in every area of the country, although you must qualify for services and they do not assist with every type of case. In New York, you can find your legal aid office at
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2512
Experience: I have practiced family law since 1996, focusing on child custody and domestic violence
S. Kincaid and 2 other Family Law Specialists are ready to help you
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