Clark Peshkin
Grandparents’ Rights in New York
Protecting the Bonds That Matter Most
Grandparents can play an essential role in a child’s life, offering love, stability, and family connection. But when family dynamics change — whether due to divorce, separation, or parental conflict, maintaining those bonds can become challenging. In New York, grandparents have specific legal rights to seek visitation or custody of their grandchildren under certain circumstances. At Clark Peshkin, our experienced family law attorneys help grandparents protect the relationships with their grandchildren, providing clear, compassionate, and strategic guidance.
Understanding Grandparents’ Rights in New York
In New York, grandparents do not automatically have visitation or custody rights. However, they may petition the court for these rights under specific conditions.
Grandparent Visitation Rights
Grandparents can petition for visitation with their grandchildren if:
- One or both parents are deceased.
- The grandparents have a substantial existing relationship with the child, and visitation is in the child’s best interests.
- The grandparents have made a good-faith effort to establish or maintain a relationship with the child but have been prevented by a parent.
Grandparent Custody Rights
To succeed in a custody case, grandparents must overcome two critical legal hurdles:
Step 1: Proving “Extraordinary Circumstances”
Before the court will consider awarding custody to a grandparent over a parent, “extraordinary circumstances” must be demonstrated. This is a strict legal standard, and without meeting it, the court will not proceed to consider the child’s best interests.
Examples of Extraordinary Circumstances:
- Parental Unfitness: The parents are unable to provide proper care due to neglect, abuse, substance abuse, or criminal behavior.
- Abandonment: The parents have abandoned the child, failing to provide financial support, care or maintain regular contact for an extended period.
- Prolonged Separation: The child has lived with the grandparents for an extended period, creating a stable, parental-like relationship.
- Severe Parental Conflict or Domestic Violence: The child’s safety is at risk with the parents due to ongoing violence or severe conflict.
- Parent Death: If one or both parents are deceased, this can establish extraordinary circumstances.
Without proving extraordinary circumstances, the court will not consider awarding custody to a grandparent.
Step 2: Proving That Grandparent Custody Is in the Child’s Best Interests
If extraordinary circumstances are demonstrated, the court will then evaluate whether placing the child in the grandparent’s custody serves the child’s best interests. The court will consider various factors, including:
- The strength of the existing relationship between the grandparent and child.
- The stability of the home environment and grandparent’s ability to provide a safe, nurturing setting.
- The child’s emotional, educational, and physical needs and the grandparent’s ability to meet them.
- The child’s preference — depending on their age and maturity.
- The grandparent’s willingness to support a healthy relationship between the child and the parents, when safe and appropriate.
Courts are required to make custody decisions based on what best supports the child’s overall well-being.
Potential Pitfalls & Challenges for Grandparents Seeking Custody or Visitation
While grandparents’ rights are recognized in New York, pursuing custody or visitation can be legally and emotionally challenging. Common issues include:
1. Limited Standing to File
- Not all grandparents automatically have the right to file for custody or visitation.
- Courts prioritize parental rights, so grandparents must present strong evidence supporting their case.
2. Parental Resistance and Conflict
- Parents may strongly oppose grandparent visitation or custody, leading to contentious legal battles.
- High-conflict cases can strain family relationships, creating lasting tension between the grandparents and parents.
3. Proving the Child’s Best Interests
- Grandparents must demonstrate that their involvement is in the child’s best interests.
- Courts consider the child’s emotional well-being, the strength of the grandparent-grandchild relationship, and any history of conflict with the parents.
4. Misunderstanding Legal Requirements
- Many grandparents believe they automatically have rights, but this is not the case in New York.
- Failing to properly document your relationship with the child or follow court procedures can weaken your case.
5. Stress for the Child
- In high-conflict cases, children may feel caught between their parents and grandparents, leading to confusion and emotional distress.
- Courts may take the child’s preferences into account if they are of sufficient age and maturity.
6. Financial and Emotional Costs
- Protracted legal disputes can be expensive and emotionally exhausting.
- Grandparents should carefully consider whether litigation is the best solution or if there are alternative ways to maintain a relationship with the child.
Our Process: How Clark Peshkin Helps Grandparents
1. Initial Consultation
- We start with a confidential meeting to understand your family situation, your relationship with your grandchild, and your goals.
- Our attorneys explain your legal options and assess the strength of your case.
2. Preparing Your Petition
- We help you draft a clear, compelling petition for visitation or custody, outlining your existing relationship with the child and why court intervention is necessary.
- We gather and present evidence, including text messages, photos, witness statements, school records, or other documentation showing your role in the child’s life.
3. Court Filing & Representation
- We file your petition in Family Court and ensure all procedural requirements are met.
- Your attorney will represent you at all court appearances, advocating passionately for your rights.
4. Role of the Parents and Attorney for the Child (AFC)
- The child’s parents will have an opportunity to present their perspective on your petition.
- The court may appoint an Attorney for the Child (AFC) to represent the child’s position or interests. The AFC may interview you, the parents, and the child and make recommendations to the court.
5. Negotiation & Mediation (If Appropriate)
- If the parents are open to a negotiated agreement, we help you reach a fair, workable arrangement that supports your grandchild’s best interests and your goals.
- If a negotiated solution isn’t possible, your attorney will advocate for your rights at a court hearing.
6. Custody or Visitation Hearing (If Necessary)
- Our experienced litigators present your case, providing compelling evidence and clear arguments to support your petition.
- We cross-examine opposing witnesses and ensure your voice is heard.
7. Enforcing or Modifying Orders
- If your visitation or custody order is not being honored, we help you pursue enforcement through the court.
- If circumstances change, we assist with modifications to ensure the order remains fair and appropriate.
Why Choose Clark Peshkin for Grandparents’ Rights Cases?
- Deep Knowledge of Family Law:
Our attorneys have extensive experience representing parents and grandparents in custody and visitation disputes. - Compassionate, Client-Focused Representation:
We recognize that these cases are about protecting important family bonds, and we advocate for you with sensitivity and respect. - Strong Courtroom Advocacy:
When negotiations fail, we will fight for your rights in court. - Local Expertise:
With offices in Buffalo, Rochester, and Syracuse, NY, we understand the local courts, judges, and family law procedures that can impact your case. - Clear, Strategic Guidance:
We help you understand your options, prepare a strong case, and make informed decisions at every step.
Additional Resources
For more information about grandparents’ rights, custody, visitation, and other family law topics, explore our Blog, where we provide clear, practical articles and updates.
Convenient Office Locations Across Upstate New York
Clark Peshkin proudly serves families throughout Western and Central New York, providing local support from three centrally located offices:
Buffalo Office:
Serving Erie County and Western New York
716.354.1611
Rochester Office:
Serving Monroe County and surrounding communities
585.565.6299
Syracuse Office:
Serving Onondaga County and Central New York
315.895.5979
Schedule Your Consultation
Ready to Protect Your Relationship? Contact Clark Peshkin Today
If you are facing challenges maintaining your relationship with your grandchildren, or if you are considering seeking custody, our experienced attorneys are here to help.