Grandparents play an essential role in their grandchildren’s lives, from offering emotional support to assisting with vital childcare and financial support to raising them. Unfortunately, grandparents are sometimes required to fight for their visitation rights after the children’s parents divorce. If you are being denied access to your grandchild, Aiello & DiFalco can help.
Our family law attorneys can help protect your rights and maintain your relationship with your grandchild. Whether you are seeking visitation rights or custody of your grandchild, having informed legal representation is essential.
When you meet with us, we will take the time to understand your circumstances, explain your rights, and explore all your legal options. Contact our office today to get started with an experienced grandparents’ rights attorney. We represent grandparents in New York and on Long Island.
Helping Grandparents in New York Secure Visitation Rights
Grandparents have a right to seek visitation with their grandchild as long as visitation is in the child’s best interests. This right is limited to biological and adoptive grandparents and does not extend to great-grandparents and other relatives.
To file a petition for visitation, you must prove (1) you had a substantial relationship with your grandchild and (2) the parents have prevented you from having a relationship with your grandchild.
You also have a right to request court-ordered visitation when one or both parents die. Most often, these cases involve a parent who has passed away, leaving the grandchild without the parent who was ensuring access to the grandparent.
A judge will consider several factors to determine whether visitation is in the grandchild’s best interests, including:
- The age and wishes of the child – if they are mature enough to express a preference
- The distance between the child’s home and where the proposed visits will occur
- The health and well-being of everyone involved – the grandparents, the child, and the parents
- The past and current relationship between the grandparents and grandchild
- The relationship and communication between the parents and grandparents
Notably, if there are conflicts between the parents and grandparents, the parents can limit or completely deny visitation rights. Also, the court will appoint an attorney with special training to represent the child’s best interests. Because state laws regarding grandparents’ visitation rights are complex, having Aiello & DiFalco at your side is a wise choice.
What Are My Rights If My Grandchild Is Adopted?
New York law does not prohibit grandparent visitation rights if the grandchild is adopted. The court will always consider the child’s best interests first and whether your visitation request is made before, during, or after the adoption took place.
Custody Rights for Grandparents
In some cases, grandparents can seek custody or guardianship of their grandchild. To qualify for custody, they must either have the consent of the parents or prove the existence of extraordinary circumstances, such as an unfit parent or guardian. The courts will only grant custody to a grandparent under the following circumstances:
- Parental abuse, neglect, or child abandonment
- The grandparent proves that their custody would be in the child’s best interests
Custody cases always involve complex family law issues, and grandparent custody rights are especially complicated. Let an experienced grandparents’ rights attorney guide you through the process and help you obtain custody of your grandchildren.
How Aiello & DiFalco Can Help
Both the grandparents and the child may suffer when the parents deny grandparents access to their grandchild. Unfortunately, custody battles are common in contentious divorce cases, and grandparents often get caught in the middle. That’s where our grandparents’ rights attorneys come in. You can trust us to protect your rights and find the best solution for everyone involved.
While we work to negotiate custody arrangements, we are well-prepared to help you file a petition for visitation. Your petition must (1) be submitted to the family court in the county where your grandchild resides, and (2) describe your schedule for court-ordered visitation.
Our attorneys can also help if you already have a visitation order and want more time with your grandchild by asking the court to modify the order.
If you believe that your grandchild is in danger because of child abandonment, abuse, or neglect or their well-being is in jeopardy due to the death of a parent, we can help you seek custody. No matter the circumstances, you can trust us to protect your grandparents’ rights and preserve the relationship between you and your grandchild.
Contact Our Dedicated Long Island Grandparents’ Rights Attorney
At Aiello & DiFalco, we know grandparent-grandchild relationships are precious. When divorce or family conflicts jeopardize that bond, we will leverage our skills and experience to protect your grandparents’ rights. We have a well-earned reputation as dedicated advocates and compassionate people who help families resolve their most personal and pressing challenges. Contact us today to learn how we can help.