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…
Articles Posted in Grandparent’s Rights
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)
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…
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)
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,…
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)
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,…
Grandparent Visitation Terminated Due To Change In Circumstances – Matter of Wilson v. McGlinchey, 2 N.Y.3d 375 (N.Y. 2004)
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…
Grandmother Requests Visitation Rights – E.S. v. P.D., 863 N.E.2d 100 (N.Y. 2007)
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…
Is Grandparent Visitation Unconstitutional?
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…
Father Appeals Custody Hearing Awarding Custody to Grandparents
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…
Court Decides Grandparent Custody Case
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…
Edwards’ Daughter To Wed
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…