Visitation Rights of Grandparents in New York

LegalMatch Law Library Managing Editor, , Attorney at Law

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In New York, as in most other states, grandparents have a qualified right to get court orders compelling visitation with their grandchildren. The law recognizes, however, that parents have a fundamental right to control how their children are raised, including who they visit. With this in mind, a court will only grant visitation to grandparents if it is convinced that doing so would be in the best interests of the child.

Compared with other states, the grandparent visitation laws of New York are quite restrictive. Courts will only consider requests for visitation from the natural grandparents, or grandparents by legal adoption. Some New York courts have held that aunts, uncles, and even great-grandparents cannot obtain visitation rights.

New York uses many factors in determining whether grandparents are entitled to visitation rights with their grandchild.  First, the court must determine if visitation is in the best interests of the child. Second, it must determine that there is a well-established and functional relationship between the grandparents and grandchild.

In determining if visitation is in the best interests of the child, New York courts will consider all relevant factors.

In deciding if there is a strong relationship between the grandparents and the grandchild, the court will also consider all relevant factors. If the parents made a deliberate effort to obstruct contact between the grandparent and grandchild, and the grandparents make an effort to establish a relationship, the court may find one to exist.

A certified New York family lawyer can provide you more information if there is a legal basis for your case. For more local legal information, please see these pages:

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Last Modified: 09-06-2012 12:43 PM PDT

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