Switch to ADA Accessible Theme
Close Menu
Rockland & Westchester County Divorce Lawyer > Blog > Divorce > Grandparent Rights in New York State

Grandparent Rights in New York State


Not all states afford grandparents rights in child custody cases, but New York State does. The New York courts recognize that grandparents can play a significant role in a child’s life by providing emotional support, love, and parental guidance. In some cases, when a couple divorces, grandparents can be denied access to their grandchildren or find it difficult to spend time with them. If you are a grandparent who is concerned that a divorce will deprive you of access to your grandchildren, the Westchester County divorce attorneys at The Law Office of Robert S. Sunshine will discuss your rights in this blog post.

Understanding grandparent rights in New York State 

In New York State, grandparents can ask the court to grant them the right to visit their grandchildren in some situations. In the event that one or both parents have died, grandparents may be able to request visitation rights ordered by the court. Grandparents who have a significant pre-existing relationship with the grandchildren can also request visitation rights from the court. In addition, grandparents can seek visitation rights if the child’s parents have prevented them from building a relationship with their grandchildren.

It is important to note that only grandparents have such rights. Other relatives such as aunts, uncles, or great-grandparents have no such rights to petition the court for visitation. If the court grants visitation rights to grandparents, these rights will be exercised under specific conditions. These conditions are determined by the court. The court will always prioritize the best interests of the children when considering a grandparent’s visitation request.

New law for grandparents’ rights in New York State 

The New York courts presume that grandparents play a significant role in the lives of grandchildren. Under certain conditions, the court will examine the legal rights of grandparents to petition the court for visitation. In New York, the legal rights of grandparents to secure visitation or even custody are subject to certain limitations.

Under New York law, grandparents can petition the court for visitation rights under specific conditions. These include instances where one or both of the children’s parents have passed away, or if there is a conflict in the relationship between the grandparents and the children’s parents. The grandparent must be able to establish that granting visitation is in the child’s best interests. The court will decide the matter by evaluating numerous factors. Ultimately, the law hopes to strike a balance between the grandparents’ rights and the child’s best interests.

If you are a grandparent who is currently being denied access to your grandchildren, you should contact a Westchester County grandparents’ rights attorney. We can provide assistance and determine if you qualify for visitation time with your grandchildren. Our attorneys will advocate on your behalf and show that maintaining a relationship between grandparents and grandchildren is in the children’s best interests.

Talk to a Rockland County Grandparents’ Rights Attorney Today 

The Law Office of Robert S. Sunshine represents the interests of Rockland County grandparents in grandparents’ rights cases. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.

Facebook Twitter LinkedIn