Unfortunately, grandparent rights are not automatic. A parent may object to grandparents visiting and otherwise interacting with their child for many reasons. Some parents may object due to a strained relationship with the grandparents while other parents object to a continued relationship after a contentious divorce. Whatever the reason for the objection, it is up to the grandparents to establish that they have legal standing to participate in a visitation court proceeding and that being granted visitation of the child is in the child’s best interest. In order to pursue your right to visitation of your grandchild, you will need to take legal action with the help of a qualified New York family law attorney.

Factors the court will consider in determining a grandparent’s right to visitation

In determining whether the court will grant visitation to the grandparents of a child, several factors will be considered. The first hurdle a grandparent faces is proving that they have legal standing to participate in a court proceeding regarding visitation of the child. Once standing has been established, the main issue that the court will focus on throughout the proceeding is what is in the best interest of the child. Courts will consider a number of factors in determining whether awarding grandparent visitation rights is in the best interest of the child, including whether the grandparents and grandchild have a pre-existing relationship, whether a grandparent’s involvement in the child’s life supports or undermines the relationship between the child and the parent, and the nature of the relationship between the grandparents and the parents. 

When a pre-existing relationship cannot be established because the parents have objected to grandparent-child interaction, the grandparents must prove that they have made sufficient efforts to establish a relationship in the past in addition to establishing legal standing and showing that their involvement in their grandchild’s life is in his or her best interest.

If you are a New York grandparent who is being denied involvement in your grandchild’s life by the parents of the child, an experienced family law attorney can help you gain visitation rights. The Law Office of Stacy Sabatini, Esq., located in New City, NY, serves family law clients throughout Rockland County, Orange County and Westchester County. For more information or to contact us, please visit www.sskfamilylaw.com.