Grandparents and Grandchildren: What Are Your Rights?

September 8 is Grandparents Day! To honor this special day and in recognition of the importance of the grandparent-grandchild relationship, let’s take a look at the rights grandparents have in the lives of their children’s offspring.

Grandparent Visitation Rights 

Historically, grandparents did not have legal standing to assert rights of visitation against a custodial parent. It was not until 1966 that grandparents were given standing by New York statute to seek visitation rights. However, such rights were limited only to situations where the grandparents’ child had died.

Over the next decades, the Courts began to recognize the precious and unique nature of the grandparent-grandchild relationship and slowly began to consider, on a case-by-case basis, the nature and extent of the grandparent-grandchild relationship. And indeed, over time, the Courts even began to recognize situations where the parent had frustrated and impeded the grandparent’s relationship with the grandchild by denying visitation. In such cases, the grandparent needed only demonstrate that they had made sufficient efforts to foster a relationship with the grandchild, as determined by what could have reasonably been done under the circumstances. 

After a grandparent has established the right to be heard, the Court must then determine if visitation is in the best interest of the grandchild. The Court has broad authority to analyze all of the relevant circumstances, the most significant consideration being the nature and quality of the relationship between the grandparent and the grandchild, with other key factors being the grandparent’s ability to nurture the grandchild, the reasons for the parent’s objections to visitation, and the grandchild’s own preferences. 

Grandparent Custody Rights

In 2003, New York statutes provided that if a grandparent can demonstrate the existence of “extraordinary circumstances”, that grandparent can seek custody rights if it is in the best interest of the grandchild. While a parent has a “right” to rear their child, those rights are not absolute and give way to the best interests of the child, which are paramount. As such, under “extraordinary circumstances” such as surrender, abandonment, persisting neglect, unfitness, and unfortunate or involuntary disruption of custody over an extended period of time, a grandparent may be granted custody if it is in the best interest of the grandchild.  

The experience of an elder law attorney at Cona Elder Law can help navigate you through the complex legal issues surrounding grandparent’s rights to visitation and custody so that you can rest assured that your relationships with your grandchildren remain protected. 

Contact us to schedule your consultation at 631.390.5000

Jennifer B. Cona, Esq. is the Founder and Managing Partner of Cona Elder Law, an award-winning law firm concentrating in the areas of elder law, estate planning, special needs planning, estate administration and litigation, and health care law. The firm has been ranked the #1 Elder Law Firm by Long Island Business News for eight consecutive years.  For additional information, visit www.conaelderlaw.com.