Must I Have The Same Attorney Who Handled My Divorce Also Assist Me With The Modification?
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There are many cases when extended family members, such as grandparents, may be closely involved in taking care of children. But during divorce proceedings and child custody, the provided visitation schedules and custody orders may not always take this into account.
But as a grandparent, you may have certain rights to see and care for your grandchildren, depending on the circumstances. If you need help understanding your rights, speak to the experienced attorneys at New York Family Law Group to discuss your situation and get the legal assistance you need. Our team of grandparents’ rights attorneys may be able to provide the legal advice you need when it comes to your grandchildren.
Contact us today at (718) 293-1542 to schedule a consultation.
In rare cases, a grandparent can get custody of children as well as visitation rights. But this is difficult. In general, parents have a right to raise their child “as they see fit.” And despite being related, a grandparent is considered to be a “non-parent.”
Basically, to qualify for custody, a grandparent must prove extraordinary circumstances and provide evidence that it’s in the child’s “best interest.” These grounds for custody include:
To get custody of a child, the grandparent must petition the court, go to trial, and present evidence such as testimony, documents, expert opinions, and other proof that one or more of these grounds is present, and that the child’s best interests would be served by providing custody rights to the grandparents.
New York Family Law Group understands how important it is for grandparents to continue caring for their grandchildren if it is what is best for them. Grandparents in a child custody case usually have to do more in order to prove that they are the best person to care for their grandchildren. Our skilled attorneys for grandparents’ rights are ready to advocate for you. Please contact us through our phone or send us an email to schedule a consultation with our team of grandparents’ rights attorneys.
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New York recognizes three grounds for grandparents to obtain visitation through a court order:
If one or both parents die, legal grounds for visitation will be established automatically. However, if one or both child’s parents are alive, grandparents must provide evidence of a substantial relationship with their grandchild, or they must show that the parents of the child have stopped the grandparents from establishing such a relationship.
Then, the court will take the child’s best interests into account and determine whether or not to award court-ordered visitation rights to the grandparents. Speak to the experienced attorneys at New York Family Law Group today to understand your rights better.
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A wide variety of different factors can determine a child’s “best interests” for visitation, including the child’s age, their wishes, the mental and physical health of the involved parties, your relationship with the child and their parents, and more.
For custody, many other factors will be taken into account, too, such as your age and health, your financial means, the stability and appropriateness of your home environment, the effects on the parent or parents of the child, and more.
Working with a New York family lawyer can help you understand the factors that go into determining your child’s best interests, and ensure you present the best possible case for either visitation or custody in New York.
Grandparents bear the burden of proof for visitation. The grandparents must prove that the visitation is in the best interests of the child. The burden of proof begins with the legal basis for the request. Oftentimes, the legal basis for the request is death. If the grandparents are still living, they must show that there is a relationship between them and the grandchild, or that the grandparents have been prevented from initiating contact with the child by one or more of their parents.
Grandparents need to prove that the grandchild is best served by spending time with them. Studies have shown that children who are close to their grandparents are more likely to experience emotional and behavioral problems. They are more likely to be friends with their peers. Citing research alone isn’t enough. Other factors will be considered by the court, including the wishes of the child, the distance that the child has to travel, as well as the mental and physical health of the parties.
Also, the court will take an in-depth look at grandparents. The court will examine the grandparents’ relationship with their parents, grandchildren, and overall attitudes toward them. These factors will impact the grandparents’ visitation rights.
It can be overwhelming for grandparents to deal with this situation. This is why seeking the help of an experienced grandparents’ rights attorney is very important. Call New York Family Law Group today to schedule a consultation with a skilled New York City family law attorney.
New York Family Law Group’s family law attorneys Martin Mohr and Ethan Steward have experience with complex cases involving grandparents, parents, and kids. Whether you want to establish visitation rights with your grandkids or want to obtain custody to protect their well-being, our team can assist you.
Contact us at (718) 293-1542 for a consultation with a skilled attorney.
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In this free guide, attorneys Martin Mohr and Ethan Steward share invaluable insights on child custody and visitation in New York. Download your free copy today.
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In this free guide, attorneys Martin Mohr and Ethan Steward share invaluable insights on child custody and visitation in New York. Download your free copy today.
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