The bond between a grandparent and grandchild is precious and ought to be maintained. Grandparents have a dramatic impact on a child’s development and well-being. In some situations, a grandparent or grandparents may be granted custody of their grandchild. If a child’s parents are refusing to let them see their grandparent(s), the court may order certain visitation privileges that the parents must abide by. Our family law attorneys in Buffalo know how to help you maintain this important bond and assert your rights both in and out of the courtroom.
Compassionate and Experienced Grandparents’ Rights Lawyer in Buffalo, NY
In the lives of their grandchildren, grandparents are very important. Along with providing their grandchildren with emotional support, grandparents also provide important childcare and financial assistance. With such an important relationship on the line, grandparents must be aware of the specific laws and circumstances that come into play when looking to uphold their right to have contact with their grandchild(ren) when the parents have taken it away.
The attorneys at Tully Rinckey PLLC will help you with your petition for visitation if you’re a grandparent in or around the Buffalo area who feels inequitably denied the chance to spend time with your grandchildren. In order to keep your relationship with your grandkids intact, our Buffalo attorneys can assist you in fighting to safeguard your rights. We assist grandparents who are asking for both visitation privileges and child custody of their grandchildren.
Grandparents’ Custody and Visitation Rights in New York State
The legal system in New York recognizes that parents have the fundamental freedom to raise their children however they see fit. Choosing who is allowed to visit their children is part of this. A New York court would thus only grant grandparents’ visitation or custody rights if doing so would be in the child’s best interests and they had the “standing.” Standing alludes to the notion that a plaintiff must first satisfy a variety of conditions in order to file a lawsuit. The grandparents would then be able to ask for visitation or custody if they had the standing to do so.
How to File a Petition for Grandparents Visitation Rights in NY
If it is in the best interests of the child, grandparents in New York are entitled to ask for visitation with their grandchildren. Only the grandparents, whether biological or adopted, are entitled to this privilege. A petition for visitation is what is used for this process.
To file a petition for visitation, grandparents must be able to demonstrate that the parents of the child have prevented them from having a relationship with their grandchild and that their bond with the grandchild is substantial enough to mandate visitation hours.
Assuming they have a sufficient amount of standing, grandparents must also provide some additional proof that visitation is in the best interest of the child. A few things that the courts may investigate are:
the wishes of the child.
the distance between the grandchild and their grandparents.
the health of the parties involved.
the relationship and communication between the parents and grandparents.
Due to the complexity of New York’s rules governing the awarding of visiting rights to grandparents and other non-parent family members, it is crucial to engage with a knowledgeable attorney when handling these situations.
Custody Rights for Grandparents in New York State
When the grandchild is being looked after by an unfit parent or guardian, such as one who is abusing or neglecting the child, you may need to apply for custody of the child. Custody proceedings have their own set of legal complexities, and disputes with the grandchild’s original parents can make grandparents custody rights particularly difficult.
In New York State, grandparents must either obtain the parents’ approval or demonstrate the presence of exceptional circumstances in order to be eligible for custody. Unusual conditions might include:
abuse & neglect of children.
abandoning a child.
issues of addiction that interfere with a parent’s ability to care for the child.
Our Buffalo Grandparents’ Rights Attorneys are Available to Assist You Today
When your relationship with your grandchild is on the line, you’ll want to give yourself every edge you can to protect your legal rights. Our family law attorneys have assisted in preserving familial ties and maintaining contact with grandkids for grandparents throughout Erie County, including Buffalo, Amherst, Cheektowaga, Hamburg, West Seneca, Grand Island, and more. Call us today if you’re thinking about requesting visiting rights or gaining custody of your grandchildren.
To schedule an initial consultation with a member of our experienced team, contact us 24 hours a day, 7 days a week, at 8885294543 or info@tullylegal.com. You can also book your consultation online via the link below.
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