How can grandparents obtain visitation rights in New York?  

On Behalf of | Jan 20, 2025 | Family Law

When family changes happen, many grandparents lose contact with their grandchildren. New York state laws offer a way for grandparents to keep spending time with their grandkids through legal channels, even when parents say no.  

What does New York law allow?  

New York’s Domestic Relations Law Section 72 allows grandparents to ask the courts for time with their grandchildren. While parents make most choices about their kids, courts know the value grandparents bring to children’s lives. This law helps keep family ties strong when problems come up.  

Getting started with visitation rights  

Grandparents must prove they should get visits with their grandchildren. The courts will look at these key facts:  

  • Death of the parent who was the grandparent’s child 
  • Past bonds between grandparent and grandchild 
  • How much time they spent together before 
  • Parents’ reasons for stopping visits 
  • The child’s wishes if they’re old enough 
  • Current family relationships 

After checking these points, courts think about the following:  

  • How visits will affect the child 
  • The state of family bonds 
  • What good things do grandparents offer 
  • Where everyone lives 
  • Any history of family problems 

Try talking with the parents first. Then, try family counseling or working with a mediator to fix things. These steps often work better than going straight to court. But if all else fails, consider contacting a local family law attorney. A family lawyer can help gather the correct facts and show why visits matter. They know what proof works best in court 

Each family case stands alone. Courts put the child’s needs first, so showing how visits help the child grow and thrive strengthens your case. Remember, you’ll need tangible examples of why spending time together benefits your grandchild.