New York Law Gives Grandparents the Potential Right to Visit Minor Grandchildren

September 02, 2011 (Press-News.org) New York Law Gives Grandparents the Potential Right to Visit Minor Grandchildren

A grandparent can feel every bit as loving and protective of their minor relative as the child's parents. Unfortunately, in some cases, that relationship can be cut short through divorce, relocation of a former in-law or the death of one of the child's parents. Grandparents are not completely without options, however. In many states, including New York, grandparents have the right to petition a court to get visitation rights, even if the child's current custodial parent opposes a relationship.

The U.S. Constitution does not have any specific provisions that grant a right to visitation by grandparents, the U.S. Supreme Court has ruled. However, individual states have their own statutory laws and court decisions that govern grandparent visitation rights. Some states, such as Washington, Florida, Illinois, Iowa, Michigan, make it more difficult for grandparents to petition a family court for visitation rights, as their respective Supreme Courts have found that statutes granting grandparent visitation rights are overbroad and infringe on parents' rights.

The outlook is much better for grandparents living in New York and other states. A grandparent can petition the court to gain the right for visitation, so long as that child does not currently have two parents in an intact marriage who are fit to raise their children.

That being said, a parent has a right to custody of a child over any non-parent, unless the court deems there are extraordinary circumstances, such as the parent is unfit to raise the minor child. All situations are determined by the court on a case-by-case basis.

Two Factors for Determining Grandparent Visitation

The first qualification a grandparent must meet to be awarded visitation is simple: there must be a substantial relationship that exists between the grandparent and minor child. A grandparent seeking visitation rights must be able to prove the existence of this relationship in court.

The second qualification, "the best interests of the child," is also of paramount importance to determining all custody and visitation decisions. A court can exclude a grandparent's wishes, the relationship between the grandparent(s) and the child's parents and other extraneous information if the judge feels it is appropriate to do so. A judge will grant visitation to a grandparent if, and only if, it is in the best interests of the minor child.

This standard takes in a variety of factors and the definition varies by states. Generally, a court will look to promote a situation where the child will be healthiest, both mentally and physically, and will take into account the wishes of the child when appropriate.

A Lawyer Can Further Explain Your Rights

There is no bright line for when a grandparent will be awarded visitation rights. A grandparent seeking visitation rights should obtain experienced representation who can show the court that a minor child will be happiest and healthiest when a grandparent is involved in the life of the child.

Article provided by O'Brien & Associates
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