Sometimes in the state of New York, it is difficult to obtain visitation of a child if you are anyone other than the custodial parent. Specifically, if you are a grandparent who is worried that a child custody decision will keep you from seeing your grandchild and ultimately will hurt their wellbeing, read on to see how a proficient Nassau County child visitation lawyer at Barrows Levy PLLC can assist you in requesting a visitation order.
Can a grandparent request a visitation order in New York?
New York law states that a grandparent of a child may apply to the New York Supreme Court or family court for visitation rights if one or both parents are deceased or if the parents have interfered with their relationship. The law does not state that grandparents have an automatic right to visitation, though. On the contrary, New York courts will not get involved if there is a fit parent and the request for visiting is against their wishes. This is because it is presumed that a fit parent’s decision is in the best interest of the child.
What factors are considered for a visitation request?
To have proper grounds for a visitation request, a grandparent must be able to establish that withholding access to the child is in fact not in the best interest of the child. Moreover, New York courts will consider the following factors when making a decision regarding visitation:
- The relationship between the parents and the grandparent.
- The relationship between the child and the grandparent.
- The good faith of the grandparent while applying.
- The time-sharing arrangement between the parents and the child. If one parent is deceased, the court may consider the time-sharing agreement that was previously established with the deceased parent.
- The effect the visitation will have on the relationship between the child and the child’s parents.
- Any history of physical, emotional, or sexual abuse or neglect by the grandparent.
- The amount of time since the child last saw their grandparent and the reasons for any lapse in contact.
If you are a grandparent who is seeking visitation rights, it is essential that you reach out to a talented Nassau County family law attorney today who will help you in filing a visitation request.
Contact Our Experienced Nassau County Firm
Barrows Levy PLLC is a dedicated New York law firm focused on providing quality legal services to clients in New York City and Long Island. If you require a lawyer who has notable experience handling family and estate planning matters, we are available to help. Contact Barrows Levy PLLC to schedule a consultation with one of our experienced attorneys today.