DO I HAVE A RIGHT TO VISITATION WITH MY GRANDCHILD?

You are a grandparent and love and enjoy your grandchildren, but now you are prevented from visiting them. Do you have a legal right to continue this special relationship?

Domestic Relations Law §72(1) states that where either or both of the parents of a minor child, residing within this state, is or are deceased, or where circumstances show that conditions exist which equity would see fit to intervene, a grandparent may apply to the Supreme or Family Court, and the Court, by order after due notice to the parent or any other person or party having the care, custody, and control of such child, to be given  in such manner as the Court shall prescribe, may make such directions as the best interest of the child may require, for visitation rights for such grandparent with respect to that child. 

When the Court is faced with a request from a grandparent requesting visitation, the first question is if that grandparent has “standing?”  For a grandparent to have standing the Court must find one of two things exist.  The first is if one of the two parents has passed away, then the grandparents will have standing.  The other is a more of a “catch all” which states that the equitable circumstances of this matter would dictate that the grandparents should at least be heard by the Court as to why they are entitled to have access to their grandchild. 

In the circumstance where both parents are alive, the grandparents have a harder time establishing standing.  In order to have standing when both parents are alive, the grandparent would have to show that equity or fairness dictate that the Court allows them to be heard.

What does a grandparent need to show? Their best reason is to inform the Court that they have established a long and close bond with the grandchild.  An acrimonious relationship between the parents and the grandparents is not enough to deny visitation when the best interests of the child would dictate that the relationship should continue.  The central component is if a loving close relationship existed between the grandparent and the grandchild before the visitation was denied. That it would be in the best interest of the child to maintain the relationship. A parental right to make decisions for their children and raise them in a manner they deem fit will not be lightly disregarded. However, the concern of a Court is the best interest of the child as children cannot protect themselves and depend on the Court. Therefore, you need to establish that it is in your grandchild’s best interest to maintain the relationship and then present your facts to the Court in the hope of continuing a relationship with your grandchild