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New York Grandparents' Rights Attorney

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It often occurs that, following a divorce, the grandparents of the children involved lose a lot of the time they were accustomed to spending with their grandchildren. Under New York law, there is not an inbuilt assumption that the grandparents should be granted access to their grandchildren. It is thus vital to have a knowledgeable attorney fighting for your rights; these situations require a creative address in order to effectively pursue the outcome you desire.


If you would like to discuss your case with a New York grandparents rights attorney, contact our firm at (347) 848-1850.


Understanding Your Rights as a Grandparent

It may become necessary for a grandparent to step into a family law situation if they are the most suited to care for the children. In some cases, even when the nuclear family is still intact, there may be legal action taken for the grandparents to seek visitation rights. If the biological parents are not caring for the child as they should, for example, the grandparents could step up to fight for child custody. Unfortunately, the law does not always protect these rights as they should.

All too often, grandparents have seen grandchildren taken away from them following the death of their child should their child's spouse deny them—even if they previously maintained a healthy relationship with their child. In some cases, only when grandparents served as de facto parents where they lived in the same household were they able to maintain visitation rights. Because this is a complex area of the law, we encourage you to speak with a lawyer our firm.

When Can Grandparents Petition for Visitation Rights?

Certain conditions must exist and be proven in order to successfully petition for child custody and visitation rights. If one of the parents is deceased, visitation rights may be granted to the grandparents. Otherwise, the only condition that technically applies is "where circumstances show that conditions exist which equity would see fit to intervene."

If you are concerned for the welfare of your grandchildren or if you can show you are an established and vital element in the children's lives, the court may render a decision in your favor. Ultimately, the court will act in accordance with what it deems to be the child's best interests; thus, any action you take must effectively address this central issue.

Grandparents & Child Custody Rights

In many complicated divorce situations, grandparents feel the need to step in and protect the rights and futures of their grandchildren, especially if the children are suffering mentally, emotionally, and in some cases, physically. Oftentimes, these grandparents will try to attain custody of the grandchildren. While this option may be best for some children, many grandparents find it difficult to obtain custody due to the various laws.

Every state has different laws and rules in regards to child custody. For grandparents, these statutes can become even more complicated. Courts will consider the best interests of the child, including:

  • The safety of the child
  • The physical needs of a child
  • The emotional needs of the child
  • The strength of the relationship between the child and grandparent
  • The length of an established relationship between the grandparent and child
  • The child’s wishes, if the child is of age to make his/her own decision

If a grandparent can prove that the child’s current living situation is not adequate or that both or one parent is abusive towards the child, courts will be more likely to grant a grandparent custody. However, adequate evidence must be supplied. An experienced grandparents rights lawyer can determine what sources are needed throughout the duration of the case.

Commonly Asked Questions

What rights do grandparents have in New York regarding visitation?

In New York, grandparents may have the opportunity to petition for visitation rights under certain conditions, such as the death of one of the parents or if they can demonstrate that they have an established, significant relationship with the grandchildren. The court's primary concern is the child's best interests, and if the grandparents can show that their involvement is beneficial to the child's welfare, they may be granted visitation rights.

How can a grandparent in New York seek custody of a grandchild?

Grandparents in New York can seek custody of a grandchild if they believe the child's current living situation is inadequate or if the parents are abusive. To be successful, they must provide convincing evidence that living with the grandparents is in the child's best interests. Factors such as the safety of the child, the physical and emotional needs of the child, and the strength and duration of the grandparent-child relationship will be considered by the court.

What factors do New York courts consider when granting grandparents visitation rights?

New York courts consider several factors when deciding on granting grandparents visitation rights, including the safety and well-being of the child, the child's physical and emotional needs, the strength of the relationship between the child and the grandparents, the length of the relationship, and the child's wishes if they are of sufficient age to express a preference.

Can grandparents in New York seek visitation rights if the parents are still married?

Yes, grandparents in New York can seek visitation rights even if the parents are still married. The court will intervene if it is shown that there are circumstances warranting their involvement, such as the child's best interests being served by maintaining a relationship with the grandparents. The grandparents must demonstrate that their presence is a vital and positive influence in the child's life.

Why is it important for grandparents to work with a New York attorney for visitation rights?

Working with a New York attorney is crucial for grandparents seeking visitation rights, as these legal matters are complex and require a thorough understanding of family law. An attorney can help you navigate the legal system, gather necessary evidence, and present a compelling case to the court that demonstrates your involvement is in the best interests of the child, increasing the chances of a favorable outcome.

Asserting Grandparents' Rights in Custody Cases

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Choosing a New York City divorce lawyer is an investment in your future. You need an attorney that knows and understands the intricacies of the law. The divorce attorneys of Eiges & Orgel, PLLC have the experience you need to protect your interests.

At Eiges & Orgel, PLLC, we know that this is a tricky area of the law, but we are prepared to help in every way possible. With us, you will have an advocate on your side who is prepared to go the distance to protect your rights. We go above and beyond in our efforts to provide clients with the high-quality legal assistance they need, when they need it most. When you are fighting for your rights, it's crucial that you are represented by a New York grandparents rights lawyer.

Kenneth Eiges has hosted a radio show on divorce issues, appeared on numerous TV shows and written articles on the subject. Linda Eiges has hosted radio shows along with him and has also testified and advised the City Council on legal issues. At Eiges & Orgel, PLLC, we have served thousands of clients and we are committed to providing quality legal representation to those in need of our help. If you ready to find out how we can assist you, contact us today.


Don’t give up your rights as a grandparent! Contact Eiges & Orgel, PLLC today to schedule a case evaluation. 


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