When a court makes a decision regarding child custody, they work to ensure that the child’s standard of living is the same or better than before the divorce. When we think of custody, we often think of parents, but other family members are affected by custody decisions as well. If a grandparent worries that a custody decision will keep them from seeing their grandchildren, they may need to request a visitation order through a New York court.
Who Can Request a Visitation Order?
Certain extended family members facing a hostile custodial parent may request visitation rights. These family members include grandparents, siblings, and step-siblings. The request alone is not enough for the court to grant access to the child. The extended family members must be able to establish that by withholding access to the child and not providing the child with the positive, loving relationship he or she is accustomed to, the custodial parent was not acting in the best interests of the child. Unfortunately, there are certain family members that are not able to request visitation rights, including aunts, uncles, cousins, and stepparents.
What Factors Will be Considered?
A court is looking to do what is in the child’s best interests. As a result, they will examine a number of different factors when making a decision. These factors include:
- The relationship between the guardian or parent and the applicant
- The time that has passed since the last contact with the child
- The bond between the child and applicant
- Whether these visitation rights will have a positive or negative effect on the child
- The good faith of the applicant, meaning there are no ulterior motives behind his or her applying for visitation rights
- If the parents are divorced or separated, the time-sharing arrangement which exists between the parents regarding the child
- Any history or indication that the applicant may pose a danger to the child
- Any other factor relevant to the court
In order to obtain visitation rights as a grandparent, it is important to reach out to an experienced family law attorney. Our firm is here to advocate for you and walk you through the process each step of the way. Contact us to speak with a dedicated attorney and begin the process 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.
