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Grandparents’ rights have received quite a bit of attention in recent years. Many grandparents have less access to their grandchildren than they would like and want to know if anything can be done about it. New York law recognizes parents’ rights to determine who has access to their children and doesn’t give grandparents a fundamental right to visit with their grandchildren. When visitation rights are in a child’s best interests, grandparents may specifically request these rights.
One reason grandparents don’t automatically have visitation rights is because courts assume that competent parents act in their child’s best interest. When a grandparent believes that visitation is in a child’s best interest, they must prove that the parents’ denial of visitation is not in the child’s interests. In many cases, the parties involved reach an agreement through mediation.
In order for there to be a case in favor of grandparents’ rights, the grandparents must be the biological grandparents of the child or grandparents by adoption. Great-grandparents and step-grandparents usually don’t have any access to visitation rights under the law. In addition to grandparents being related to the child naturally or by legal adoption, they must have an established relationship with the child.
There are several factors that courts use to determine the best interest of the child. One of the most obvious is the child’s wishes. He or she may want to see more of their grandparents, but is unable to do so. If this causes emotional distress for the child, it might be in their best interest to visit with their grandparents.
Regular visits with the grandparents may play a role in the child’s physical or emotional wellbeing. In some circumstances, a grandparent may be in a better position to provide for certain needs that parents are unable or unwilling to. After the death of a parent or a divorce, regular contact with a grandparent may be beneficial for a child coping with the loss of or reduced contact with a parent.
Although some help with financial resources may benefit grandparents and the child, legal experts advise against grandparents offer a lump sum payment or early inheritance payouts in order to secure visitation. Courts are unlikely to rule in favor of a grandparent seen as treating a grandchild like property or chattel. A grandparent, in this case, would benefit more from appropriate legal representation.
In some cases, grandparents may be allowed a more active role in a child’s life due to circumstances at home. Sometimes, the behavior, conduct and morality of the parents motivates grandparents to play more of a role in a child’s life. Many children live in difficult home environments where better access to visits with grandparents makes their lives easier.
One of the most important factors in determining whether grandparents ought to have visitation rights is whether there is a strong relationship with the child. If such a relationship exists, and the parents tried to prevent contact, this is a situation where courts are more likely to intervene. Another factor taken into consideration is whether a grandparent or grandparents ever had custody of the child.
Another consideration that has made news in New York recently is the idea of virtual visitation. Although it is not separate from a traditional visitation arrangement, it does help make staying in touch easier for all involved. Virtual visitation uses traditional Internet communication methods, as well as video chat applications. Grandparents seeking this option should recognize its value as a long-distance communication tool, as well as a means of keeping in touch when they are not in good health and unable to visit in person.
Many of the same principles that apply to parental visitation also apply to grandparents seeking visitation. A grandparent can visit with the grandchild on a schedule that suits all parties and is determined by the court. One of the biggest advantages of visitation is the ability to take a more meaningful role in the child’s life. For children facing the death of one parent or a divorce, having access to a favorite grandparent on a regular schedule makes things easier. Because this is an arrangement that must be made with the best interest of the child in mind, grandparents benefit from knowing how to prove that regular contact is necessary to help keep the child happy.
Grandparents who feel that a grandchild may benefit from visitation may want to contact a lawyer to find out the best course of action for getting visitation. In many cases, children in chaotic home situations, or coping with loss of a parent due to death or divorce, have special emotional needs. Grandparents must help show that their influence in the child’s life is of benefit to them. With regular visitation options, a grandparent can maintain a good relationship with the child and play a role in maintaining their welfare.
In most cases, nothing is more precious to an aged adult than the day that person’s child has a child and extends the family. Being a grandparent is a wonderful privilege that many people get to enjoy. However, sometimes complications can arise, and a grandparent may not be able to receive the visitation that he or she desires. A NYC grandparent’s rights attorney can assist with such a situation. These lawyers know how important it is to keep the lines of communication open within the family. They can help to ensure that your rights are preserved and you have access to fair treatment.
The reason that a grandparent may not receive access to the grandchildren may vary. One reason is that one of the parents may feel as though the grandparent undermines their authority or crosses boundaries when it comes to child rearing. Other reasons that parents deny grandparents the right to see the children may be more severe than that. The parents may suspect verbal or emotional abuse on the part of the grandparent. Since cases that involve emotional harm are so difficult to prove, the parents may try to take matters into their own hands by denying a grandparent access. Some cases in New York’s Supreme Court have held that the parents do have a right to decide that grandparents cannot see their children under those circumstances. An example of a case that ruled in favor of such a parental decision was Canales v. Aulet. Another case that upheld the parent’s denial of grandparents rights was Wilson v. McGlinchey.
The attorneys at our firm seek to prove that you, as a grandparent, are innocent of such disruptive meddling and harmful activities. If anyone is going to ensure that the judge extends grandparent’s rights to you, it is our firm. The attorneys that work for our firm are former prosecutors who have seen everything under the sun when it comes to family law and divorce. They are seasoned lawyers with more than 30 years of experience in their field. A seasoned attorney is just what you need for this type of case. You need someone who knows the tricks of the trade and how to get around some of the toughest obstacles.
Some grandparents do not get to see their grandchildren because of a messy and emotionally stressful divorce or a long-distance move. Sometimes grandparents do not get to see their grandchildren for a combination of the two. Divorces should not be a legitimate reason for withholding a child from the grandparents, provided that everyone in the family had a healthy relationship. Our attorneys can fight for a just ruling that will give you access to your family member if you make reasonable arrangements. You may have to meet the parent half way or share the cost of flights and other transportation.
The state of New York has some unusual guidelines for grandparent’s rights. Only two situations warrant a clear-cut decision for the grandparent. The first situation is if one of the parents dies. The second situation that automatically provides rights to the grandparents is when one of the parents voluntarily releases the child into the grandparent’s care, and the child lives with the grandparent for 24 months. Such a decision usually requires proof of the parent’s voluntary release of the child. Some judges require concrete proof while others may accept flimsy documentation. Our job is to legitimize your claim.
Allow our specialists to assess your case and see if you have a cut-and-dry situation or a complex situation. You can trust that we will work diligently to ensure that you receive a fair decision on this matter. Our goal is to bridge the gap that is between you and your grandchild. To schedule an appointment, you can call us on the phone or complete a short form. The phone number to the firm is 888-504-2746. Alternatively, you can complete a short form and tell us a little bit about your situation. We will get back to you ASAP.
Many grandparents in New York State that are concerned about the well-being of their grandchildren opt to request court-ordered visitation. Though sometimes these sorts of cases are clearcut, grandparents bear the burden of proof when arguing for visitation. Depending on the circumstances, this can make establishing grandparent’s rights an uphill battle that is best fought with a qualified grandparent’s rights attorney at your side.
Grandparents that have a substantial pre-existing relationship with their grandchildren stand a much better chance of gaining visitation rights. The most common situations in which grandparents will make a case for visitation is during a divorce, breakup, or after the death of a parent. A grandparent’s rights attorney can guide you through every step of the process, but here are some important things to know before getting started.
Death of the Parents
In most cases, if only one parent dies courts will grant custody to the surviving parent. Though grandparents can sometimes successfully argue for custody with the help of an attorney if the surviving parent is deemed unfit, grandparents stand a much greater chance of gaining custody in the unfortunate incidence of the death of both parents. If both parents die, legal grounds for custody are automatically established and the case moves on to the next stage.
Parental Interference in Establishing a Relationship
If one or both parents are living and they have prevented you from creating or maintaining a relationship with your grandchild, an NYC grandparent’s rights attorney can often argue a successful case for legal grounds. However, demonstrating animosity between parents and grandparents isn’t enough on its own to establish legal grounds for custody. Judges highly value the position of the parents in these cases and variables like the existing family structure and the nature of the relationship between the grandparent and grandchild are taken into account. Nonetheless, if one or both parents have blocked your attempts to visit your grandchild you have a much better chance of gaining some degree of visitation rights.
Though this situation is significantly less clear-cut than the death of a parent, New York family law stipulates that if an extended disruption of custody has occurred and the parents have given up control of the child to the grandparents for a period of 24 months or more, then an NYC grandparent’s rights attorney can often successfully argue that extraordinary circumstances exist. This essentially means that because a meaningful existing relationship can be established and the parents have a history of giving up control of the child, it’s easier for a judge to determine that the best place for a child might be with their grandparents.
Best Interests of the Child
After the legal grounds for custody have been established, NYC judges take the best interests of the child into account. This term covers a lot of ground and includes factors such as the child’s age and the child’s wishes if he or she is mature enough to provide a meaningful opinion. If grandparents aren’t taking full custody, the distance between the homes of the parents and the grandparents is taken into account as well.
Other factors taken into account include the nature of the grandparents’ pre-existing relationship with the child and their relationship with the child’s parents. This even includes the type of nurturing that was provided to the parent while they were growing up. The best interests of the child essentially make or break a grandparent custody case, but a skilled grandparent’s rights attorney can help you make the best moves when navigating this complicated subject.
Proving Your Case
It should be remembered that, no matter what the circumstances, grandparents bear the burden of proof when arguing their case for custody or visitation. This means that the deck is inherently stacked against grandparents seeking legal control over the future of their grandchildren. Given the uphill battle that grandparents must fight in order to establish their case, it’s important that they have the help they need right from the very start.
If you are a grandparent seeking custody of your grandchild or grandchildren, the best way to secure your success is by soliciting the services of a qualified grandparent’s rights attorney. These legal professionals have made it their life’s mission to help grandparents protect and care for their grandchildren. When the time comes to do the right thing for your grandchildren, don’t delay in getting the help you need.
As divorces and other issues have come up with families in recent years, grandparents have taken on an important role in the lives of children. However, if a divorce or family dispute happens, many grandparents find themselves on the outside looking in, unable to visit their grandchildren as much as they wish or maybe not at all. And to make these situations more complicated, most grandparents are not automatically granted visitation rights in divorce proceedings or other cases, since courts assume parents will naturally let the child’s grandparents be part of their lives. But when this is not the case, grandparents do have the option of hiring an attorney who specializes in helping grandparents gain visitation rights to their grandchildren.
According to the New York Unified Court System, grandparents must have proper legal standing to request visitation rights. To do so, the court must determine the grandparents have a legal interest that allows them to participate in a court hearing. In New York State, grandparents are considered to have legal standing to request visitation if one or both parents of the grandchildren have died, or if there are special circumstances that convince the court it must get involved in the case. However, it’s important to remember that great-grandparents as well as step-grandparents do not have the right to request visitation rights with their grandchildren. For additional information about legal standing and other related issues, visit Your text to link….
Best Interests of the Child
Needless to say, any decision made by the court is always based on what is in the best interests of the child. For example, if not being able to see their grandparents is causing tremendous emotional stress for the child, the court may determine it will be in the best interests of the child to have visits with the grandparents. And along with this, the court may also determine that the grandparents may be able to provide certain needs that a parent cannot or will not do for the child. This often occurs if one parent has died or a divorce has occurred, when the court may rule that the child having regular contact with their grandparents will help to improve their physical as well as emotional well-being.
Financial Help from Grandparents
While there is certainly nothing wrong with grandparents helping their grandchildren out financially as much as possible, lawyers who specialize in this area of law often advise them to proceed with caution in this area. In many of these cases where grandparents offer large amounts of money or the promise of an early inheritance to gain visitation with their grandchildren, the courts will often see this as essentially an attempt to bribe the child into seeing them. Instead, it’s better to have proper legal representation, where your attorney can show that you have a good relationship with the child and are simply offering financial help to make the child’s life better.
In situations where a grandparent can be awarded visitation rights but may be too ill to visit the child in person, many New York courts now grant what’s known as virtual visitation. Using video chat as well as other internet communication methods, it’s an option grandparents can use if needed. However, to be granted this special type of visitation, it’s best to have a grandparent’s rights lawyer working for you, since they have expertise in these matters.
Schedule a Consultation
If you are a grandparent and feel as if your visitation is being unjustly limited or excluded altogether, schedule a consultation with an experienced attorney as soon as possible.
In New York, grandparents may have visitation rights with their grandchildren under certain circumstances. If the legal criteria can be established, grandparents can pursue a court order to guarantee that they have visitation time with their grandchildren. In order to receive grandparent visitation rights, the grandparents must be able to prove certain legal elements. NYC grandparents rights lawyers Can represent grandparents to help them pursue a court order for visitation rights.
What must a grandparent show to receive visitation rights?
Grandparents pursuing visitation rights in New York may obtain these rights if they can show:
-That one or both parents of the children are deceased,
-The grandparent has a substantial existing relationship with the children, or
-The parents of the children have interfered with the grandparent’s ability and efforts to maintain a relationship with the grandchildren
Ultimately, the court is required to do what is in the best interest of the children. In assessing whether grandparent visitation is in the best interest of the children, the court will consider several factors, such as:
-The wishes of the children
-The history of the relationship between the children and grandparents
-The character of the parties involved
-The child’s age and circumstances
-The distance between the child and grandparents
-The physical and mental health of the persons involved
-The interrelationship of the grandparents and parents
-Any other factor relevant under the circumstances
In a grandparent visitation case, the grandparent has the burden of proof. This means that the grandparents must present sufficient evidence for the court to make the necessary findings to award the requested visitation. If this information cannot be provided, the then the court will deny the request.
The court gives great deference to the decisions made by a fit parent. Therefore, if the parent contests the requested grandparent visitation and shows that their decision to limit the contact is reasonable, then it may be difficult to obtain grandparent visitation rights.
If the aforementioned criteria can be shown, then grandparents may be successful in obtaining court ordered visitation rights with their grandchildren.
What type of evidence can be useful in a grandparent visitation case?
In a grandparent visitation case, any relevant evidence may be considered by the court. The specific evidence to be presented in a case depends on the particular circumstances. In general, following are some examples of evidence that may be useful:
-Testimony from witnesses
-Photographs and video recordings
-Social media posts
-Text messages, emails, letters and other written documents
-Police reports and criminal records
-School performance and attendance records
-Medical records showing issues related to physical and mental health
-Reports from expert witnesses
NYC grandparent rights lawyers can assess a case and help grandparents identify and gather evidence that may be useful for a case. An attorney can also help obtain information that may be held by other persons through the use of subpoenas and other discovery tools.
What is the procedure for obtaining grandparent visitation rights?
To request grandparent visitation rights, a petition must be filed with the court setting forth certain information and making a specific request for visitation rights. This petition is then served upon the parents of the children, who have an opportunity to file a response. If the parties cannot agree on a visitation schedule, then the case will be presented to a judge at a trial. Each party will be given the opportunity to present evidence, cross-examine witnesses, and make argument. At the conclusion of the trial, a judge will make a decision as to whether the grandparent visitation rights will be granted
How can a grandparent visitation lawyer help?
Because grandparent visitation rights are subject to various laws and procedures, it is helpful to have an experienced lawyer who understands the law and knows what needs to be shown to successfully obtain visitation rights. A lawyer will act as an advocate for the grandparent and will strive to obtain the requested visitation.
A lawyer will also provide legal counsel to the grandparents to help them understand the process And make informed decisions. They will represent the grandparents in court, file the necessary documents with the court, call and cross-examine witnesses, and make legal argument on your behalf.
If you are a grandparent who has children in New York and need to obtain formal visitation rights, then you should contact NYC grandparent visitation lawyers to seek legal representation or have your questions answered. Call today to schedule a consultation and to learn more about your rights.
It’s a sad fact that many marriages end in divorce. This is no exception in the New York City area. Relationships, including those within the family, can change for any number of reasons. When a child is involved, it can really take its toll on that child, as well as on other, adult family members. Grandparents can be impacted by a divorce when their grandchildren are moved to another city or state, or even worse if the parent doesn’t want them to continue having a relationship with their child. However, in New York City and the state of New York in general, grandparents have legal rights that make it possible for them to continue having a relationship with their grandchildren.
Many things can happen within a family, whether a couple with children gets a divorce or just goes through a legal separation. This type of situation can always affect other family members due to the child being moved away and unable to see those relatives as often as they used to. Grandparents are frequently affected and may need to turn to the law in order to continue having a relationship with the child.
What are a Grandparent’s Rights in New York City?
In New York City and the rest of the state of New York, grandparents can pursue their legal rights toward children. However, the same can be said for other relatives who are not the parents of the children within the family, such as aunts and uncles, adoptive parents, step-parents and other relatives. Generally speaking, the main aspect of this part of the law is that the person who is trying to gain visitation or custody of the child have a substantial relationship with them. By “substantial relationship,” the court considers a strong relationship between the individual and the child that includes a bond that will be explored. When a person is trying to gain non-custodial rights to a child, it can be very challenging. However, the courts in New York City have determined that when children have relationships with grandparents and other family members, it can result in many positive outcomes for the child.
Courts Consider What’s in the Best Interests of the Child
After the court has established that the grandparents have legal standing to maintain their relationship with the child, the grandparents can file a request for visitation or custody. They might want to consult with a family law attorney who can help them through the process. The court ensures that the parent or legal guardian of the child is provided with a notice of the legal action. At the end of the case, the court decides what happens based on the best interests of the child.
In New York City and the rest of the state, grandparents and other relatives are able to file a petition with the court for visitation and even custody of a child, as long as they have legal standing. Legal standing means they are required to meet specific criteria for a case to be heard in the court. One way they can have legal standing is if one or both of the child’s parents are deceased.
Certain situations, known as extraordinary circumstances, can give grandparents legal standing as well. If the parents choose to give up their legal rights to their child and have not had contact with the child for a period of 24 straight months, the child’s grandparents and other relatives can have standing. If the child lives in their grandparents’ home for that time frame, it can result in the grandparents gaining legal custody of the child. A parent abandoning their child is considered an extraordinary circumstance. Another scenario is a parent who is physically or mentally unfit to care for the child.
Burden of Proof
The grandparents have the burden of proof to show that being in the child’s life and maintaining a relationship with them is in the best interests of that child. A few factors can show the proof, such as the relationship they have maintained with the child, as well as their efforts to keep that relationship intact. Grandparents are also required to show why the parents’ opposition to their ability to have visitation or custody is not based on a realistic fear or reason. The court will always take all evidence into consideration and will choose what is best for the child first and foremost.
If you are a grandparent in the New York City area who wants to fight to maintain a relationship with your grandchild, it’s imperative that you contact an experienced family law attorney to start your petition.
Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.
Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.
Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.
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