Grandparent's Rights

Published on: April 3, 2024

Court considered whether to change the goal for placement of the child from adoption to guardianship. Rebecca B. v. Michael B. 152 A.D.3d 675 (N.Y. App. Div. 2017)

by Stephen Bilkis

In New York Family Court, a permanency hearing is a legal proceeding designed to determine the long-term plan for children who have been removed from their homes due to abuse, neglect, or other circumstances endangering their well-being. These hearings aim to establish a stable and secure environment for the children involved.

During a permanency hearing, the court reviews the progress and circumstances of the child, the child’s family, and any involved agencies since the child’s placement into foster care. It evaluates various factors, including the child’s safety, well-being, and the efforts made towards family reunification or alternative permanency goals, such as adoption or guardianship.

The hearing allows all parties, including the child’s biological parents, foster parents, legal guardians, and representatives from child welfare agencies, to present evidence, testimony, and recommendations regarding the child’s future placement and care. The court considers the child’s best interests as paramount in making its decision.

Published on: February 5, 2024

Court denied grandmother visitation because she lacked relationship with the child. E.O. v. J.K., 2023 N.Y. Slip Op. 50101 (N.Y. Fam. Ct. 2023)

by Stephen Bilkis

In the case of In re Danna T., the Suffolk County Family Court deliberated over a petition filed by E.O., the maternal grandmother of G.D., seeking visitation rights. The petition stemmed from E.O.’s desire to reconnect with her granddaughter, G.D., who she had not seen in several years. The court proceedings, which spanned multiple days, involved testimonies from both E.O. and the child’s mother, J.K.

Background Facts

E.O. filed the petition in February 2022, citing her standing as the grandmother of G.D. due to the death of the child’s father. The court heard conflicting testimonies regarding the nature of E.O.’s relationship with G.D. and the circumstances surrounding her absence from the child’s life. E.O. alleged that G.D.’s mother, J.K., had cut off contact between them, while J.K. argued that E.O. had made minimal effort to maintain a relationship with the child.

Published on: January 8, 2024

In a grandparents’ visitation case, the court removed the limitation on the duration of weekly video contact. Garcia v. Santana, 171 A.D.3d 1058 (N.Y. App. Div. 2019)

by Stephen Bilkis

Grandparent rights in New York are statutory and primarily governed by Domestic Relations Law § 72. This law grants grandparents the ability to petition the court for visitation with their grandchildren. However, such petitions are subject to the court’s determination of the child’s best interests. The court considers various factors, including the nature of the relationship between the grandparent and the child, the parents’ objections, and the overall impact on the child’s well-being.

The court’s decision on grandparent visitation is discretionary and aims to strike a balance between maintaining family connections and safeguarding the child’s best interests. Grandparents may seek visitation rights even if the child’s parents oppose, but the court’s decision is based on a thorough evaluation of relevant circumstances. It’s essential for grandparents navigating this legal process to understand that while they have the right to petition for visitation, the court ultimately determines whether such visitation is appropriate, taking into account the specific dynamics of each family and the child’s welfare.

This case involves a paternal grandmother’s petition for visitation rights with her grandchild under Domestic Relations Law § 72. The Family Court, after a hearing, granted limited visitation in the form of weekly video contact for a specified duration. The appeal questions the exercise of discretion by the court in determining the parameters of visitation.

Published on: February 17, 2020

Grandmother Who Established Loving Relationship with Grandchild Has Standing to Bring Petition for Visitation- Of v. S.F., 61 Misc.3d 959 (N.Y. Cty. Ct. 2018)

by Stephen Bilkis

In a case that pits a grandparent against parents, the Kings County Family Court considered whether the grandmother had standing to request visitation with her grandchild. Contrary to what many believe, under New York law, grandparents do not automatically have the right to have access to their grandchildren. In fact, there are rules related to when grandparents even have the legal right to petition the court to request visitation.

Grandparents who seek to request visitation must have standing. Legal standing means that a person seeking redress in court has sufficient connection to and harm from the action challenged. Grandparents do not automatically have standing the way parents do. Under New York law grandparents have standing to seek visitation only under two conditions. The first condition is that either or both of the child’s parents must be deceased. The second condition is that circumstances must warrant equitable intervention of the court. If standing is established the court must then determine if allowing visitation is in the best interests of the child. This case only addresses the issue of standing.

In Of v. S.F. both parents of the child are alive and the child resides with them. If the grandmother has standing, it must be based on equitable circumstances. The grandmother had a close relationship with the child for several years and was involved in rearing him. She babysat the child, visited him, played with him, and attended school events for grandparents. However, the parents took issue with how the grandmother treated them in front of the child. They described her as rude, angry, abusive, and confrontational. The parents took steps to encourage the grandmother to change her behavior by talking to her, sending her emails, creating rules, and going to therapy. However, when the grandmother’s behavior did not significantly change, in December 2015 the parents barred the grandmother from further contact with the child unless she complied with their conditions, including participating in therapy. The grandmother did not comply.

Published on: January 6, 2020

Grandparent Visitation Terminated Due To Change In Circumstances – Matter of Wilson v. McGlinchey, 2 N.Y.3d 375 (N.Y. 2004)

by Stephen Bilkis

Grandparents often feel that they have an absolute right to see their grandchildren, even if the parents of the children do not want the grandparents involved. While children often benefit from having relationships with their grandparents and other extended family members, grandparents do not automatically have a legal right to do. Only parents have a legal right to custody of their children. A parent’s access to their children will only be limited or denied if it is shown to be in the best interests of the children. Grandparents do not have a similar right.

In Matter of Wilson v. McGlinchey, the New York Court of Appeals considered whether the visitation rights of grandparents should have been terminated. The mother of the child had been estranged from her parents, the grandparents of the child, well before the child was born. When the child was 4 months old, the grandparents petitioned Family Court for visitation. The child’s parents were vehemently against it. However, the parties eventually reached a visitation agreement such that the grandparents were permitted 8 hours per month with the child. The agreement was incorporated into a Family Court order.

Several months after the order was established, the parents filed a petition with Family Court to terminate visitation between their daughter and the grandparents. The parents alleged that circumstances had changed such that visitation with the grandparents was no longer in the best interests of the child. The parents noted that the visitations did not go well, that she had difficulties getting the grandparents to leave after visitation, and that the visitations upset the child. The Family Court denied the parents’ petition to discontinue the grandparent visitation, and the parents appealed.

Published on: November 8, 2019

Grandmother Requests Visitation Rights – E.S. v. P.D., 863 N.E.2d 100 (N.Y. 2007)

by Stephen Bilkis

In this appeals court case, the court considered whether the Supreme Court properly awarded a grandmother visitation rights with her grandson pursuant to New York Domestic Relations Law § 72(1).

Under New York’s Domestic Relations Law, when a grandparent seeks visitation, the court must first determine whether the grandparent has standing to seek visitation. In order for the grandparent to have standing, either or both of the child’s parents must be deceased, or the circumstances must warrant equitable intervention of the court. If standing is established, then it is up to the grandparent to establish why visitation is in the best interests of the child.

The court will look at a number of factors in determining whether grandparent visitation is appropriate. For example, the court will consider the relationship between the grandparent and the child and will weigh heavily a close relationship.

Published on: April 24, 2016

Is Grandparent Visitation Unconstitutional?

by Stephen Bilkis

This is an appeal brought before the Supreme Court on the issue of whether Domestic Relations Law § 72, New York’s grandparental visitation statute, is unconstitutional on its face in light of the decision of the United States Supreme Court in Troxel v Granville (530 US 57). The court granted the motion and “deemed” the statute to be unconstitutional. The court ruled that the statute is not facially invalid.

The petitioner, a grandparent, commenced this proceeding pursuant to Domestic Relations Law § 72 to obtain visitation with his 15 minor grandchildren.

The respondents are the grandchildren’s parents (the parents).

Published on: July 19, 2015

Father Appeals Custody Hearing Awarding Custody to Grandparents

by Stephen Bilkis

This is an appeal by the father of an 11-year old boy (1) from an order of the Family Court, Nassau County, entered July 31, 1973, which, without a hearing, awarded custody of the boy jointly to the 74-year old maternal grandmother and his 21-year old sister and the latter’s 20-year old husband, with visitation granted to the father, and (2) from so much of an order of the Supreme Court, Nassau County, entered October 17, 1973, as referred and remanded the question of custody to the Family Court, Nassau County, for a full hearing and determination.

At issue in these appeals is the custody of an 11-year old boy. The boy was three months old when his parents separated in November, 1962. Custody was with his mother until she died on February 9, 1973. The boy then remained with his sister. Within a month after the death of the boy’s mother, his father sought custody in the Family Court, Nassau County, as did the sister and her husband and the maternal grandmother. On the basis of a conversation with the boy, a report of the Family Court Mental Health Clinic and a report of the Nassau County Probation Department, but without a hearing, the Family Court awarded custody to respondents.

Published on: October 27, 2014

Court Decides Grandparent Custody Case

by Stephen Bilkis

The subject children lived with the petitioner, their maternal grandmother, intermittently for the first 2 1/4 years and 1 1/4 years of their lives, respectively. After the Administration for Children’s Services filed a petition in a separate matter alleging neglect against the children’s mother, the children were placed with the petitioner on March 1, 2002. However, on March 6 or 8, 2002, the children, who were then 2 1/4 years old and 1 1/4 years old, respectively, were removed from the petitioner’s custody due to the condition of the petitioner’s home. On December 2, 2002, the children were placed with their paternal grandmother, the respondent who was subsequently designated the children’s foster parent and adoptive resource, and they have resided with her since that time.

The petitioner testified that, after the children were removed from her home, she usually visited them approximately once or twice per week until the mother’s parental rights were terminated pursuant to an order of the Family Court. While a finding of fact made by the Family Court during the proceeding to terminate the mother’s parental rights suggests that the petitioner only accompanied the mother to nine of the mother’s scheduled agency visitations with the children, the record reveals that the petitioner had several other visits with the children. The petitioner further testified that she contacted the respondent directly several times to request visitation, but the respondent refused her request.

Published on: October 7, 2011

Edwards’ Daughter To Wed

by Stephen Bilkis

The daughter of Elizabeth Edwards gave her mother the greatest piece of news she’d ever receive: she was getting married. Just days before Beth passed away after a long struggle with cancer, her daughter Cate let her know she was engaged to her longtime love, a doctor, said a New York City Family Lawyer. For Edwards, who has seen her life take on a roller coaster ride that few would ever endure for as long as she did, it was the news that helped her leave this world with a smile on her face. Reaction in Nassau and Suffolk Counties was very positive.

Cate is an anti-discrimination attorney in Washington D.C. and friends have said that she and her mother are remarkably similar. The two were as close as any mother and daughter could be, often chit chatting on the phone for hours on end about every little thing one could think of. Friends said that they even held their phones the same way!

For Beth, it was needed joy. After learning that her ex-husband, the famed John Edwards who famously ran as Vice President with John Kerry in a losing effort in 2004, had cheated on her in a high profile and public fashion, she was diagnosed with cancer, notes a New York City Family Lawyer. She had fought cancer once before, beating it back, but this latest return was considered much grimmer. Thankfully, before she died, she got to smile one last time knowing she would be a grandparent.