Today, grandparents are babysitters, primary care givers, and legal guardians.  They are often the only stable influence in a minor child's life.  Imagine, then, you are a grandparent who has provided love, support, and care to your grandchild.  One day, however, you are told that you are not permitted to see your grandchild any longer.  No more sleep-overs, no more Friday at Grandma's house.  Now, imagine how devastated your grandchild is? 

New York law recognizes that certain grandparents have fostered meaningful relationships with their grandchildren, and maintaining that relationship is beneficial to the child.  Pursuant to Domestic Relations Law Section 72(1), a grandparent may seek visitation. 

In a grandparent petition for visitation, the Court must undertake a two-part inquiry.  First, the Court must find that the grandparent has standing, or grounds, for visitation.  This is often established when the child's parent (the grandparent's child) has passed away.  Grandparents can also establish standing by demonstrating other equitable circumstances.  Second, if the Court concludes that the grandparent has established standing, then it must decide whether visitation is in the best interest of the grandchild.

Section 72 of the Domestic Relations Law does not create an automatic right of grandparent visitation. Courts are often reluctant to interfere in a parent's desire to prevent grandparent visitation.  If you are a grandparent seeking visitation, you need a competent, compassionate attorney to assist you in preparing the necessary paperwork and arguing your case before a judge. A qualified attorney can ensure that your visitation rights are protected and enforced.

For caring, compassionate legal advice about custody and visitation issues, contact the law offices of Bassett & Bassett, P.C.

Bassett & Bassett, P.C.
320 Carlton Avenue, Suite 4200
Central Islip, NY 11722
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Phone: 631-234-2511
Emergency (24 hour) Phone: 631-312-4439

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