
By Barbara King
For grandparents, the relationship with a grandchild can be one of the most important things in the world. But what happens when the child’s parents prevent you from seeing or having a relationship with them?
Sometimes, the only recourse left to grandparents is to petition for grandparents’ visitation rights from Family Court. But do grandparents have visitation rights in New York?
Visitation rights vary from state to state, but generally speaking, grandparents’ visitation rights are not as extensive as those granted to the child’s biological or adopted parents. But grandparents do have a statutory right to petition for visitation, even if the child’s parents are unmarried, have been legally divorced or one is deceased.
These limited rights to visitation are not extended to aunts and uncles, great-grandparents, or other family members, except in circumstances where the child’s natural parents and grandparents have both passed away, or are otherwise legally barred from access to the child. Adoption is not a barrier to a biological grandparent’s rights to request visitation, but the child’s best interest, including health, safety, and welfare are the primary considerations.
What if the custodial parent is opposed?
The state of New York recognizes that a child’s parents have the fundamental right to raise their children in the manner they feel is best for the child, including who is or is not allowed to visit with them. As such, a Family Court will grant visitation rights to grandparents who have an already established relationship and/or have been denied access to their grandchild if it is deemed by the court to be in the child’s best interests.







