When grandparents meet a problem with seeing their grandchildren, they all too frequently give up. They think there is nothing they can do to change it. However, due to the importance of the grandparent-grandchild relationship, it is important that they fight to address these problems, rather than let these relationships go.
Experienced and Understanding Grandparents’ Rights Lawyer in Binghamton, NY
For grandparents, the process of being denied access to their grandchildren by a custodial parent can be emotionally devastating. By being denied access, the custodial parent is effectively being accused of not acting in the children’s best interests. A cooperative approach to conflict resolution is frequently the most effective since you want the parent to comply with your wishes and this would work better if they did it voluntarily.
At Tully Rinckey PLLC, we have experience helping grandparents uphold their rights to be involved in their grandchildren’s lives. Our compassionate and experienced family law attorneys can help you with your petitions for visitation or prove your standing to secure custody of your grandchildren in unique situations.
What Conditions Merit Grandparents Visitation or Custody Rights in NY?
A grandparent may ask the court for visiting rights when one or both parents of a minor child living in this state have passed away, or when the situation justifies legal action. Many states treat grandparents’ access to their grandchildren no differently than they would do a close friend of the family. However, New York State acknowledges that grandparents and their grandchildren develop close ties and that upsetting that link would be harmful to the kid. The welfare and best interests of the kid will always come first in the court’s decisions regarding the children.
Similarly, if the grandchild is being looked after by a parent that isn’t adequately caring for them, grandparents may apply for custody of their grandchildren as well, however, this is only in rarer circumstances of abuse and neglect.
What Factors New York Courts Might Consider When Granting Grandparents Visitation Rights?
If the child’s parents have interfered with the grandparent’s attempts to begin or continue a positive connection with the child, the court may give the grandparent visitation privileges. In general, New York courts only permit grandparent visits in cases when the court determines that involvement is the best course of action.
Particularly in New York, the natural grandparents’ claims for visiting rights are the only ones that the courts will take into account. This implies that the only grandparents who may ask for visiting rights are biological or adopted. Great grandparents and other family members like aunts and uncles are not covered by this request right.
The “burden of proof” is on the grandparent who is asking for visiting privileges to demonstrate that their request is truly in the child’s best interests. The need to present adequate evidence to aid the court in its decision-making is referred to as the burden of proof.
A few factors the courts might consider when granting visitation are:
the wishes of the child;
the distance between the grandparents’ and grandchild’s house;
the past and current relationship between the grandchild and their grandparents;
the communication between the custodial parents and the grandparents; and
the well-being and health of each party involved.
Custody Rights for Grandparents in New York State
As mentioned prior, when your grandchild is being looked after by an unfit parent or guardian, you do have the right to sue for custody of them. While cases of child custody come with their unique challenges, generally, courts will only consider you eligible for custody over the biological parents in certain circumstances. These circumstances may include cases of child abuse and neglect, child abandonment, or if the parents are ignoring previous custody/visitation orders for extended periods.
Our Binghamton Grandparents’ Rights Attorneys are Available to Assist You Today
When it comes to your relationship with your family, things tend to be very personal and emotional, and it might be hard to look at the bigger picture when being denied contact with your grandchildren. At Tully Rinckey, our Binghamton family lawyers can help serve as an ally, guiding you through the complex laws New York State has in place when it comes to grandparents’ rights, and setting you on the best path moving forward. Call us today if you’re thinking about requesting visiting rights or gaining custody of your grandchildren.
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