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Grandparents in New York

Grandparents in New York have rights regarding visitation & custody.  Grandparents in some circumstances may be awarded custody of their grandchildren or to be awarded court-mandated visitation with their grandchildren.

Courts in New York grant visitation or custody to grandparents only when certain conditions provided in the state statutes are met.

Conditions for a grandparent to attain custody differ from those conditions required for visitation rights in New York.

A grandparent in New York should be familiar with the conditions for either custody or visitation before determining whether to file a petition to request either from a court of law.

Are you a grandparent trying to get custody or visitation with your grandchild in New York?

Are you trying to exercise your rights as a grandparent in New York?

How your case is handled may make all the difference in world as to how your life progresses from this potentially traumatic event.  Don’t let someone who will not keep you informed as to the status of your case keep you in the dark.  The relationship you have with your attorney during this very difficult period can have a substantial impact on your mental health.  You need and deserve a lawyer who is looking out for you.

You want a lawyer who will take the time to sit down with you and explain the process and why a particular strategy is being used.  You want a lawyer who will listen to you and keep your best interests at heart.

If you need help with exercising your rights as a grandparent in New York, then contact the SRIS Law Group New York grandparent’s rights lawyers for help.

How can a SRIS Law Group lawyer help you?

First and foremost, we will discuss your case with you.  We will explain to you the different options you have and the pros and cons of each option.  We do not require clients to come in and sit down and talk with us.  Certainly, our clients are welcome to come in and talk with us.  However, we understand that clients are very busy and may not have the time to come to the office.  Therefore, we allow clients to consult with us by phone first and let the clients decide whether they need to come in and meet with their attorney.  To learn more about how a SRIS Law Group can help you, please call us at 888-437-7747 and speak with a lawyer the same day.

Our New York grandparents’ rights attorneys will do their best to help you.

  • New York Domestic Relations 5-§  72. Special proceeding or habeas corpus to obtain visitation rights or custody in respect to certain infant grandchildren.

1.  Where  either or  both of the parents of a minor child, residing within this state, is or are deceased, or where circumstances show that conditions exist which equity would see fit to intervene, a grandparent or the grandparents  of such  child  may  apply  to  the  supreme  court by commencing a special proceeding or for a writ of habeas corpus to  have  such  child  brought before  such  court,  or  may  apply  to  the  family  court pursuant to subdivision (b) of section six hundred fifty-one  of  the  family  court act; and on the return thereof, the court, by order, after due notice to the  parent  or  any other person or party having the care, custody, and   control of such child, to be given in such manner  as  the  court  shall  prescribe,  may  make  such directions as the best interest of the child may require, for visitation rights for such grandparent or  grandparents in respect to such child.

2.  (a)  Where  a  grandparent  or  the grandparents of a minor child,  residing within this state, can demonstrate to the satisfaction  of  the court  the existence of extraordinary circumstances, such grandparent or grandparents of such child may apply to the supreme court by  commencing a  special  proceeding or for a writ of habeas corpus to have such child brought before such court, or may apply  to  family  court  pursuant  to subdivision  (b)  of  section  six hundred fifty-one of the family court act; and on the return thereof, the court, by order, after due notice to the parent or any other person or party having the  care,  custody,  and control  of  such  child,  to be given in such manner as the court shall prescribe, may make such directions as the best interests of  the  child may  require, for custody rights for such grandparent or grandparents in respect to such child. An extended disruption of custody, as such term is   defined   in   this section, shall constitute an extraordinary circumstance.

(b) For the purposes of this section “extended disruption of  custody” shall  include,  but  not  be  limited to, a prolonged separation of the respondent parent and the child  for  at  least twenty-four  continuous months during which the parent voluntarily relinquished care and control of  the  child  and the child resided in the household of the petitioner grandparent or grandparents, provided, however, that the court may  find that  extraordinary  circumstances exist should the prolonged separation have lasted for less than twenty-four months.

(c) Nothing in this section shall limit  the  ability  of  parties  to enter  into  consensual custody  agreements  absent  the  existence  of extraordinary circumstances.

The SRIS Law Group lawyers assist clients in the following counties in New York:

Kings County, Queens County, New York County, Suffolk County, Bronx County, Nassau County, Westchester County, Erie County, Monroe County, Richmond County, Onondaga County, Orange County, Albany County, Dutchess County, Rockland County, Oneida County, Niagara County, Saratoga County, Broome County, Ulster County, Rensselaer County, Schenectady County, Chautauqua County, Oswego County, Jefferson County, St. Lawrence County, Ontario County, Putnam County, Tompkins County, Steuben County, Wayne County, Chemung County, Clinton County, Cattaraugus County, Cayuga County, Sullivan County, Madison County, Warren County, Livingston County, Washington County, Herkimer County, Columbia County, Otsego County, Genesee County, Fulton County, Chenango County, Tioga County, Franklin County, Allegany County.

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