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Grandparents Play an Important Role in Childhood
In a lot of families, grandparents are a major part of a kid’s formative years. They can be present in a multitude of roles in their grandchild’s life. They may be their grandchild’s babysitter, confidant, and a source of emotional support. In many families, children happily anticipate the time they get to be around their grandparents. Those precious moments are spent making lovely memories that they will hold in their hearts throughout their lives. When couples choose to divorce, grandparents frequently find themselves at risk of being cut off from their grandchildren. Thankfully, the Yonkers family courts can assist grandparents in protecting their ability to have continued contact with their grandkids in the aftermath of the dissolution of the parents’ marriage.
Grandparents Have Legal Rights to Their Grandchildren
Grandparents in New York City need to be aware of the fact that they have legal rights to their grandchildren in some situations. By understanding the rights that you have access to, it is important to reach out to a lawyer that handles family law. Todd Spodek and his Spodek Law Group regularly handle cases for New York grandparents who may have a claim to time with their grandchildren.
The only way to protect these rights is to first be fully aware of them. By thinking about the tips below, you will have the chance to see your grandchildren on a regular basis and with no problem.
A Rational Approach Before Petitioning The Court
You may be considering petitioning the court for your visitation rights with you grandchild. Before you move forward with the petition to the court for visitation rights, you might attmpt other routes to secure visitation with your grandchild. U.S. law grants parents a strong constitutional right to raise their own children the way they think is best. With that being said, the best first step to achieving visitation with your grandchildren might be to discuss it with the biological parents. If you believe that that conversation will be difficult to have with them, then you have the option of suggesting mediation. All the counties in New York have their own Court approved mediation program. In many locations, the mediation service is provided for free.
Learn All About the Visitation Law For Grandparents in New York
If you are really planning to take a case to court, first have your own understanding of the law. Grandparents have rights to their grandchildren in New York as long as they had a relationship prior to the arrangement. If you rarely see your grandkids or are estranged from them, you will have less of a legal standing going to court. Other situations will give you access to see your grandchildren, such as the unfortunate event of a parent dying.
In New York, the family courts will only hear requests for visitation rights from the natural grandparents; that is, only the biological or adoptive grandparents. This right to request does not extend to great grandparents, or other relatives, like aunts and uncles. Only biological or adoptive grandparents are able to get visitation rights.
To be sure that your right to visitation or other rights are honored, you will need to be aware of these legal facts as you hire a family law attorney.
Think About Some Custody Issues if This is the Legal Help That You Seek
While every grandparent in most situations has legal visitation rights, custody may be another issue entirely. If you are a grandparent striving to receive physical custody of your grandchildren, it begins with first establishing what gives you this right. This usually happens if a parent, or both parents, are unfit to care for the child. You might be able to work with a lawyer who can help you file your petition and assist you in taking advantage of this legal situation.
Kinship Families in New York
New York is home to more than 100,000 kinship families in which grandparents have made themselves available to serve as caretakers of their grandchildren. In many scenarios, parents are suffering from substance abuse, mental health issues, or Child Protective Services is in the process of responding to reports of child abuse and/or neglect. If Social Services removes a child from their custodian or parent, the Department is obligated to investigate whether the child has eligible relatives who should be given notice, who can apply to have the child placed in their home. This system provides a child with the chance to stay with family members instead of having to have a placement in the foster care system.
Retain a Grandparents Rights Attorney That Can Help You Out
Hiring the assistance of a lawyer is necessary if you want to file a petition with the court. By talking to a few different family law firms, you will have legal advice available to you whenever you need it. Todd Spodek is a legal professional that manages these cases and many other types of custody agreements. He will be able to assist you in filing the initial petition, in addition to making updates as they become necessary.
This law firm is nationally known, due to their reputation and the fact that Spodek has contributed pieces to magazines and newspapers, in addition to being highlighted in stories. You will be in capable hands when you decide to hire this law firm to help with your grandparents custody case. The more that you know about this form of law, the easier it will be to ask the right questions and get help.
By communicating with Todd Spodek and his firm, you will be able to get what you need out of your grandparents rights related case. This is an area of expertise for this firm, which has 50 years of business experience under their belt. To ensure that you are always doing your best in terms of your legal aid, following the points of this article will help you start. Contact Spodek and ask for a consultation.