Can Grandparents Be Awarded Custody of Grandchildren?

Grandparents’ Rights in New York

Relationships between grandparents and their grandchildren are special and significant. These relationships are important for keeping family bonds and are healthy for your grandchildren.

In New York, grandparents have the right to request visitation with their grandchildren. Custody can be considered under certain special circumstances that would have to be determined by a judge.

Custody Rights for Grandparents

The New York Domestic Relations Law §72 makes it possible for you to try to gain custody of your grandchildren if they live in New York under extraordinary circumstances. This means that your grandchild would have had to have been separated or abandoned by their parents for at least two consecutive years. An attorney can better explain the law to you and provide more information about specific details regarding how the law can apply to your case.

When you speak with an attorney about gaining custody of your grandchildren, you would likely be asked to help them gather the information that will help your case such as proving why living with you would be in the child’s best interest.

If you want to seek custody of your grandchild, keep in mind that New York custody cases can be difficult if you don’t have a family law attorney with the experience necessary to handle complicated custody cases.

Visitation Rights for Grandparents

As a grandparent, you play an essential role in your grandchild’s life and can fill in and offer the support they may be lacking from their parents like financial support, emotional support, or quality time and care.

In New York grandparents have the right to request visitation with your grandchild if you can prove that visitation is in their best interest. However, there are grounds that you would need to meet first:

  • Prove you have a current relationship with your grandchild.

  • Prove your grandchild’s parents are keeping you from your grandkids.

  • Prove one or both of your grandchildren’s parents are living.

As a grandparent, you would have to provide a sufficient amount of evidence to support your request for visitation.

Child Custody and Visitation Attorneys in New York

Our attorneys at Eiges & Orgel, PLLC are skilled and proficient in child custody litigation in New York. We understand how important relationships between grandparents and grandchildren are and will offer legal advice to the best of our ability with care and concern.

Call us to begin your request for child custody or visitation at (347) 848-1850 today!

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