Your grandchild may be made the victim of their parents’ divorce, the death of one of their parents, or an ongoing family conflict. But you may be equally affected, as you may be denied the opportunity to see or spend time with them as a result. At Barrows Levy, PLLC, we sympathize with the emotional devastation you must be experiencing now. We understand just how important the role grandparents can play in a grandchild’s life, even when it comes to providing love, stability, and guidance during difficult family times like this. Well, please follow along to find out how one of the proficient Long Island grandparents’ rights lawyers at Barrows Levy, PLLC, can help you protect your relationship with your grandchild by utilizing New York law to seek court-ordered visitation rights.
Understanding Grandparents’ Rights in New York
First of all, in New York State, grandparents generally do not have automatic visitation rights of a grandchild. However, the law recognizes that there are certain conditions in which it would work in a child’s best interest to maintain a meaningful relationship with their grandparent.
An example of a relevant condition is if a child experiences the death of one or both parents, and the surviving family structure shifts significantly. Or, a substantial relationship previously existed between a child and their grandparent before a family conflict arose. In these cases, a grandparent may petition the court for visitation under the New York Domestic Relations Law and Family Court Act. Nonetheless, our team can help you bring forward that claim.
Establishing Your Standing as a Grandparent
Importantly, before the New York State Family Court can even entertain whether a grandparent’s visitation would be in the child’s best interest, they must establish their legal standing. It may be easy enough to show that a parent of the child is deceased. However, demonstrating equitable circumstances that justify court intervention may be more technical.
Here, a grandparent may have to prove the length and quality of their pre-existing relationship with their grandchild, and overall that they are acting in good faith. At this time, the court may closely examine and be highly critical of the reasons for the breakdown in contact, the reasons visitation was denied in the first place, etc. Overall, this standing issue may become complex and highly fact-specific. So it is best to have experienced family lawyers in your corner from the very beginning.
Balancing Parental Rights and Grandparent Relationships
Grandparent’s rights cases may be sensitive to navigate because it balances between granting a parent’s constitutional right to make decisions concerning their child and a grandparent’s desire to maintain a meaningful relationship with their grandchild.
So, grandparents must enter these proceedings knowing that the New York State Family Court will be careful not to undermine parental authority. In other words, they must demonstrate equal respect for the parents’ role, putting personal grievances aside, while standing true to their belief that a child will emotionally benefit from continued contact and connection. Rest assured, at Barrows Levy, PLLC, we will help you present your case in a thoughtful manner, reducing the risk of unnecessary conflict, all while strongly advocating for your rights.
Contact Our Grandparents’ Rights Lawyers On Long Island
The talented Long Island grandparents’ rights lawyers at Barrows Levy, PLLC understand how deeply personal grandparent visitation cases can get, so we approach each one with compassion, discretion, and strategic advocacy. Whether you reside in Nassau County, Suffolk County, or the greater Long Island area, our team is prepared to represent you and guide you through each step of this legal process. You will feel our support in and out of the courtroom. So please contact Barrows Levy, PLLC, today to schedule an initial consultation and take the first step toward preserving your relationship with your grandchild.
