In New York State, grandparents have the right to petition for visitation with their grandchildren, but the circumstances in which they may do so are limited. The courts have established that the parental right to make decisions for their children is fundamental and must be protected, and that grandparent visitation rights may only be granted if it is in the best interests of the child. In the case of Matter of Best v. Best, 70 A.D.3d 986 (3d Dep’t 2010), the court considered the petition of grandparents who sought visitation with their grandchild, but were denied by the lower court.
Factual Background
In Matter of Best v. Best the grandparents sought visitation with their grandchild, who was born to their daughter out of wedlock. The daughter was initially granted sole custody of the child, but later shared custody with the child’s biological father. The grandparents had a close relationship with the child and had cared for her on numerous occasions, including overnight visits. However, when the relationship between the daughter and the child’s father deteriorated, the grandparents were cut off from contact with their grandchild.