Grandparents Rights in Queens, NY

Understanding Custody and Visitation Rights in New York

Grandparents play an essential role in their grandchildren's lives. In addition to offering their grandchildren emotional support, grandparents also oftentimes assist with vital childcare and financial support. In fact, the Pew Research Center found in 2010 that 1 in 10 children in the U.S. live with a grandparent, reflecting sharp increase in this statistic that occurred during the Great Recession. Of those children, 4 in 10 are primarily raised by one or more grandparents.

Considering how important grandparents can be in their grandchildren's lives, it is important that these individuals' rights are protected when it comes to having access to their grandchildren. Grandparents often have to fight for their visitation rights after divorces occur between the child's parents.

If you are a grandparent in or around Queens, New York who is being unfairly denied the ability to spend time with your grandchildren, you can turn to the Law Offices of Donald Mastrodomenico, P.C. for assistance with your petition for visitation. Our Queens family attorneys can help you fight to protect your rights so that you and your grandchildren can maintain your relationship. We help grandparents who are seeking visitation rights, as well as those who are seeking child custody of their grandchildren.

Steps to File a Petition for Grandparents Visitation Rights in NY

In New York, grandparents have legal grounds to request visitation with their grandchild, as long as it is in the child’s best interest. This right is reserved for only the biological or adoptive grandparents. This process is called a petition for visitation.

To file a petition for visitation, the grandparent must prove:

• They had a substantial relationship with the grandchild
• The parents have prevented them from having a relationship with the grandchild

Once these grounds are established, the grandparent must then prove that the grandchild spending time with them is in their best interests, considering:

• The age and wishes of the child
• The distance between the grandchild's home and where the proposed visits will take place
• The health and overall well-being of each person involved
• The past and current relationship history between grandparent and grandchild
• The communication and relationship between grandparent and custodial parent(s)

New York's laws concerning awarding visitation rights of grandparents other non-parent family members are complex, which is why it is important to work with a qualified attorney when dealing with these matters.

Grandparent Visitation Rights for Adopted Grandchildren

The state of New York does not prohibit grandparent visitation rights if the grandchild is adopted. The court will always put the child's best interests first, before or after the adoption took place.

Eligibility for Grandparents to Obtain Visitation Rights in NY

Yes, grandparents can get visitation rights in New York.
Grandparents can request visitation rights by applying to either the family court or the state Supreme Court. The state of New York will award visitation to biological and adoptive grandparents as long as they find that the visitation order is in the child's best interest.

Understanding Custody Rights for Grandparents

It may be necessary for you to seek custody of the child when the grandchild is being cared for by an unfit parent or guardian, such as one who is abusing or neglecting the child. Custody cases come with their own legal issues, and grandparent custody rights can become especially complicated by issues with the biological parents of the grandchild.

In order for grandparents or non-parents to qualify for custody in New York state, they must either have the consent of the parents or prove the existence of extraordinary circumstances. Extraordinary circumstances may include:

• Child abuse & neglect
• Child abandonment
• Disruptions of custody/visitation for extended periods

When something as valuable as your relationship with your grandchild is placed in jeopardy, you will want not want to risk having mediocre legal representation. Contact our NYS grandparents rights attorney today for more information!

Local Resources for Grandparents Seeking Custody & Visitation in Queens, NY

In Queens, NY, the importance of maintaining strong family bonds is recognized by local government entities, such as the New York City Human Resources Administration. These organizations provide resources and support for families navigating the complexities of custody and visitation rights. If you are a grandparent facing challenges in securing visitation with your grandchildren, you are not alone. Many families in our community experience similar struggles, especially in the wake of divorce or family disputes.

Common Concerns Our Clients Have

Local grandparents often express concerns about being excluded from their grandchildren's lives, which can lead to feelings of isolation and helplessness. The emotional toll of being denied visitation can be significant, not just for the grandparents but also for the children who miss out on valuable relationships. In Queens, where diverse family structures are common, understanding your rights and the legal avenues available to you is crucial.

As you navigate the legal landscape, it’s essential to be aware of the specific challenges that may arise in Queens, such as the diverse cultural backgrounds of families and the varying interpretations of family law. Our team at Law Offices of Donald Mastrodomenico, P.C. understands these local nuances and can help you advocate for your rights. We are committed to making your voice heard and that your relationship with your grandchildren is preserved despite any obstacles you may face.

Get Help from Our Queens Grandparents' Rights Lawyers

As a grandparent, it can be heartbreaking to be denied the opportunity to spend time with your grandchild. Our experienced family law attorneys are here to help you understand your legal options for pursuing visitation rights in New York. Whether you are seeking regular visitation or simply want to maintain a meaningful relationship with your grandchild, we can guide you through the process of filing a petition for visitation rights.

Our attorneys can help you:

• Understand the legal requirements for filing a petition
• Explore alternative dispute resolution methods, such as mediation
• Address concerns about the grandchild's well-being and best interests
• Navigate the legal implications if the grandchild has been adopted

Our team is dedicated to advocating for the rights of grandparents and helping you navigate the complexities of family law. Contact us today for a case evaluation to discuss your specific situation.