New York Grandparents' Rights Attorney

Let Eiges & Orgel, PLLC Fight to Protect Your Rights

It often occurs that, following a divorce, the grandparents of the children involved lose a lot of the time they were accustomed to spending with their grandchildren. Under New York law, there is not an inbuilt assumption that the grandparents should be granted access to their grandchildren. It is thus vital to have a knowledgeable attorney fighting for your rights; these situations require a creative address in order to effectively pursue the outcome you desire.

If you would like to discuss your case with a New York grandparents rights attorney, contact our firm at (347) 848-1850.

Understanding Your Rights as a Grandparent

It may become necessary for a grandparent to step into a family law situation if they are the most suited to care for the children. In some cases, even when the nuclear family is still intact, there may be legal action taken for the grandparents to seek visitation rights. If the biological parents are not caring for the child as they should, for example, the grandparents could step up to fight for child custody. Unfortunately, the law does not always protect these rights as they should.

All too often, grandparents have seen grandchildren taken away from them following the death of their child should their child's spouse deny them—even if they previously maintained a healthy relationship with their child. In some cases, only when grandparents served as de facto parents where they lived in the same household were they able to maintain visitation rights. Because this is a complex area of the law, we encourage you to speak with a lawyer our firm.

When Can Grandparents Petition for Visitation Rights?

Certain conditions must exist and be proven in order to successfully petition for child custody and visitation rights. If one of the parents is deceased, visitation rights may be granted to the grandparents. Otherwise, the only condition that technically applies is "where circumstances show that conditions exist which equity would see fit to intervene."

If you are concerned for the welfare of your grandchildren or if you can show you are an established and vital element in the children's lives, the court may render a decision in your favor. Ultimately, the court will act in accordance with what it deems to be the child's best interests; thus, any action you take must effectively address this central issue.

Grandparents & Child Custody Rights

In many complicated divorce situations, grandparents feel the need to step in and protect the rights and futures of their grandchildren, especially if the children are suffering mentally, emotionally, and in some cases, physically. Oftentimes, these grandparents will try to attain custody of the grandchildren. While this option may be best for some children, many grandparents find it difficult to obtain custody due to the various laws.

Every state has different laws and rules in regards to child custody. For grandparents, these statutes can become even more complicated. Courts will consider the best interests of the child, including:

• The safety of the child
• The physical needs of a child
• The emotional needs of the child
• The strength of the relationship between the child and grandparent
• The length of an established relationship between the grandparent and child
• The child’s wishes, if the child is of age to make his/her own decision

If a grandparent can prove that the child’s current living situation is not adequate or that both or one parent is abusive towards the child, courts will be more likely to grant a grandparent custody. However, adequate evidence must be supplied. An experienced grandparents rights lawyer can determine what sources are needed throughout the duration of the case.