Grandparents' Rights Lawyer in The Bronx, NY

With the help of our attorneys, you can protect your interests and your family.

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 as grandparents, speak to the experienced grandparent rights attorneys at New York Family Law Group to discuss your situation and get the legal assistance you need. Our team of New York attorneys for grandparents rights may be able to help you file for grandparents rights and provide the legal advice you need regarding your grandchildren’s custody or visitation case.

Contact us today at (718) 293-1542 to schedule a consultation with an experienced NY family law attorney about your rights as grandparents.

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Can Grandparents Get a Custody Of Children?

In rare cases, a grandparent can get custody of children as well as visitation rights in NY. However, this can be difficult. In general, parents have a right to raise their children “as they see fit.” And despite being related, a grandparent is considered 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:

  • Psychological bonding with the child
  • Parental unfitness
  • Abandonment
  • Surrender
  • Extended disruption of custody
  • Persistent neglect
  • Child abuse

To get child custody, under New York law, 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.

To learn more about our services and how we can help with your grandparents visitation or child custody case, contact our law firm or click on the online form to leave us a message.

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Family Lawyer Martin Mohr Discusses New York Grandparents Rights To Visitation

New York recognizes three grounds for grandparents to obtain visitation through a court order:

  1. One or both parents of the child or children die
  2. The grandparent has a “substantial existing relationship” with the child
  3. The parents of the child have interfered with efforts to establish or maintain a relationship

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.

Contact us to schedule a consultation with a NY attorney for grandparents rights.

“We are focused on what matters to you, your family, and your future.”

Martin Mohr & Ethan Steward

Managing Partners of New York Family Law Group

What Are The Factors In Determining A Child’s “Best Interests?”

A wide variety of different factors can determine a child’s “best interests” for visitation, including the child’s age, 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 family lawyer in the New York area can help you understand the factors that go into determining the best interests of the child. They can also help you ensure your rights and provide the legal representation you need to get the best possible outcome for your case. 

What To Do if You Are Denied Visitation as a Grandparent?

Under New York law, grandparents are entitled to petition the Family Court for visitation with their grandchildren if they are being denied access or their contact is being unfairly minimized by the parent(s). Two levels of proof must be presented during the trial.

Under New York law, grandparents are entitled to petition the Family Court for visitation with their grandchildren if they are being denied access or their contact is being unfairly minimized by the parent(s). Two levels of proof must be presented during the trial.

To meet the initial level of proof, it is necessary to show that the grandparent has either been actively involved in the child’s upbringing or has made an effort to do so, but has been impeded by the parent(s). After satisfying this requirement, the court will then evaluate what course of action is in the child’s best interest.

If the grandparent has had a beneficial impact on the child’s life in the past, the court is likely to grant visitation rights. For example, regular birthday and holiday cards or gift-giving may be considered.

However, if the parent(s) can demonstrate that the grandparent uses drugs, abuses alcohol, or has engaged in abuse or neglect, the court may deny the child visitation. There are also gray areas regarding grandparental “misconduct” where courts differ in their approach. Therefore, it is crucial to consult with a qualified New York grandparents rights lawyer to discuss the specifics of the case and the available legal options.

Grandparent visitation cases can be complex. This is why you need a lawyer who is familiar with the laws surrounding child custody and visitation for grandparents in New York. Contact New York Family Law Group today to schedule a consultation about being denied your right to care for or see your grandchildren.

Schedule A Consultation Today.

Contact New York Family Law Group’s Visitation Rights Attorney To Protect Your Grandparent's Rights

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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