Custody issues can be incredibly difficult. This can be true for all members of a family, including grandparents. Often, when a couple with children gets divorced, grandparents wonder how their relationship with their grandchildren will be impacted. Read on to learn more about grandparents’ rights in New York.

What do courts consider when making decisions about visitation?

For the most part, New York courts believe that a child benefits greatly from having some form of a relationship with both parents. But, in some rare cases, a parent may be deemed unfit and the fit parent may be awarded sole custody. If this happens, the child’s relationship with his or her other parent and that parent’s family may suffer. As a result, you may need to request a visitation order through a New York court. When making decisions about custody and visitation, the court is working to do what is in the child’s best interests. As a result, there are a number of factors that may be considered in order to make this decision. Some of these factors include:

  • The relationship between the child’s parents and the grandparent
  • The time that has passed since the grandparent’s last contact with the child
  • The bond between the child and grandparent
  • Whether these visitation rights will have a positive or negative effect on the child
  • The good faith of the grandparent applying
  • The parent’s current custody arrangement
  • Any history or indication that the grandparent may pose a danger to the child
  • Any other factor deemed relevant to the court

Can a grandparent receive custody?

It is rare for a grandparent to receive legal custody of a grandchild, but it does happen. Grandparents have been awarded custody in the event that both of the child’s parents are deceased. Additionally, grandparents may be able to obtain custody if both parents are deemed unfit. Some reasons a parent may be deemed unfit include:

  • Incapacitation
  • Abandonment
  • Mental health issues/medical conditions
  • Child abuse or neglect
  • Substance abuse

If you have any questions or concerns about grandparents’ rights in New York, reach out to our firm today.

Contact our Firm

The Law Office of Peter L. Jameson, PLLC understands the harsh implications of relocation can have on a child and his or her parents. When you have a contested relocation matter, it is important to have an experienced attorney to represent you in court. If you are faced with a relocation matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.