Courts often give parents significant weight when making custody and visitation arrangements; for grandparents this can be particularly frustrating.
Keep in mind that the best interests of children should always come first in any family law matter. Avoid spoiling your grandchildren too much by buying everything they desire or breaking parenting rules.
1. Establishing a Relationship
Grandchildren bring an added dimension to family relationships. Whether they live nearby or maintain contact remotely, grandparents often play an invaluable role in the lives of their grandchildren.
Divorce or death of either parent can have a dramatic impact on relationships between grandparents and grandchildren, and many grandparents believe they should have access to court-ordered visitation time with them. Unfortunately, New York law places certain restrictions and requires grandparents to prove why visitation would be beneficial for the child in question.
Under New York Domestic Relations Law SS72, grandparent have the legal right to petition for visitation rights despite objection from custodial parents in certain situations. A New York family attorney could assist grandparent in making their case strong for visitation rights; starting by filing with courts and possibly mediation sessions where both sides present their side of the story to an impartial mediator before ultimately going forward with court proceedings against either side if mediation fails; otherwise trials may be scheduled as appropriate.
2. Establishing Visitation
Parents that have separated, divorced or died can petition for visitation rights as a means of maintaining relationships with their grandchildren. Courts will review each situation to decide whether visitation should be granted; grandparents hoping to establish visitation should first consult with an experienced New York family law attorney who can help form their legal case and establish visitation rights.
Proving court-ordered visitation can be both time consuming and emotionally taxing for grandparents. They must establish their standing with evidence supporting their request, such as showing there is an existing preexisting relationship or that their presence serves the best interests of the grandchild in question.
When both parents of the child object to grandparent visits or custody requests from grandparents, it can become more challenging. Grandparents must demonstrate extraordinary circumstances to gain custody or visitation rights; an experienced New York family lawyer can be invaluable when developing this case.
3. Establishing Custody
An intimate connection between grandparents and grandchildren is vitally important, making any disruption difficult to bear. If the parents of your grandchildren interfere with visitation rights granted to you by court order, an experienced New York grandparents’ rights attorney could potentially offer valuable assistance.
To successfully petition for visitation, your attorney must demonstrate to the judge that your relationship with the child is meaningful and that allowing visitation would benefit him or her. Furthermore, exceptional circumstances must exist which justify granting visitation rights despite parental objections.
State courts typically address non-parental visitation requests on an individual basis and consider how close the child and grandparents are, while also adhering to the Troxel v. Granville decision by applying it in terms of parents’ fundamental right to raise their children in any manner they see fit, which includes choosing who their children visit with.
4. Establishing Adoption
Although adoption processes tend to focus on birth parents and adoptive parents, grandparents also go through many emotions associated with this journey. While they may wish they could change things themselves, this is often not possible.
Grandparents often become full-time guardians to their grandchildren when their biological parents cannot care for them due to health or financial concerns, drug addiction or incarceration. Grandparents may seek custody or visitation rights depending on the specifics of each case.
Custody is a more permanent arrangement than visitation, providing grandparents legal status as parents of the children involved and giving them long-term stability. To pursue this option in Rochester, work with a family lawyer familiar with grandparents’ rights; we can assist in assessing all available options to determine what would work best for the children involved. Call Cole Sorrentino Hurley Hewner & Gambino P.C. today to arrange for a consultation about your case; we look forward to helping you meet your goals!
