In New York, grandparents have the legal right to acquire visitation with their grandchildren. In circumstances in which they are denied visitation, the court will allow them to file a petition to enforce their legal rights. These rights give them the opportunity to visit with their grandchildren and remain a constant part of their lives. The following is a review of how to initiate these rights and factors that could prevent a court from granting grandparents right in Suffolk County.
How to File for Grandparents Rights
Initially, the grandparents must acquire an attorney and file a motion to seek visitation. The motion is delivered to the parents or parent of the grandchildren. The grandparents and the defendant will attend a hearing once it is scheduled. The court will review the information provided by each party to make a decision.
Did the Child of the Petitioner Die?
If the biological child of the petitioner died, this could result in the remaining parent denying visitation. In these circumstances, the relationship between the parent and their in-laws could identify a conflict. While the grandparents have rights, they cannot harass the remaining parent. If the grandparents are creating a hostile environment for the child due to this conflict, the court may refuse to enforce visitation. However, if the judge can create a resolution, the grandparents schedule visitations through a court officer.
Are There Current Issues Between the Grandparents and the Parents?
If both parents are living, the issue could be between the grandparents and their biological child. If the relationship between the grandparents and either parent, the parents are within their rights to deny access to the children.
Is There a Risk that Could Present a Safety Issue if Visitation is Granted?
If the grandparents are a risk to the child due to other factors, they aren’t granted visitation. These risks may include addiction, an abusive nature, or mental incapacity. Evidence of these instances is provided by the parents to the court.
In New York, grandparents retain the legal right to seek visitation with their grandparents. However, they must review their case from all angles. If this petition is based on a strained relationship, the court may refuse visitation based on a hostile environment. Grandparents who need an attorney to acquire grandparents right in Suffolk County can browse our website for more details.
