A GRANDPARENT MAY BE GRANTED CUSTODY AND VISITATION RIGHTS

In New York State, if certain circumstances exist, the courts may grant visitation rights to a grandparent. Where one or both parents of the child are deceased, or where circumstances show that there is a need for the courts to intervene, a grandparent may apply to the New York State Supreme Court or Family Court for visitation rights.

 The Petition must allege that it is in the best interests of the child for the grandparent to have visitation rights. In certain extraordinary circumstances, a court may decide that granting custody, not just visitation rights, to a grandparent serves the best interests of the child.

 An example of such extraordinary circumstances is an “extended disruption of custody” because of the parent’s voluntary relinquishment of care of the child to a grandparent, resulting in the child living with the grandparent for at least 24 continuous months.

 Courts can also find that extraordinary circumstances exist, justifying granting custody to a grandparent, even if the prolonged separation is less than 24 months. Courts have also granted custody to a grandparent when the grandparent proves persistent parental neglect, parental alcohol and/or drug abuse, or a history of parental domestic violence.

 Litigation is not the only way to secure custody or visitation rights for a grandparent. Such rights can also be granted by agreements between the grandparent and the child’s parent or parents. Extraordinary circumstances are not required to be proved.

 The experienced custody attorneys at O’Connell & Aronowitz are ready and able to help you apply the law to your family situation. Contact  O’Connell & Aronowitz if you have any questions about custody of your children.