Grandparent's Rights

Published on: April 12, 2023

Parents’ right to raise children outweighed grandparents’ right to visitation. Matter of Best v. Best, 70 A.D.3d 986 (3d Dep’t 2010)

by Stephen Bilkis

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.

Published on: April 10, 2023

Parents’ rights outweighed grandparents’ desire for visitation. Matter of Quesnell v. Ferrara, 26 A.D.3d 579 (2d Dep’t 2006)

by Stephen Bilkis

Grandparent visitation rights have been a contentious issue in family law. Grandparents can be a vital part of a child’s life, and New York State recognizes the importance of their role. However, grandparents seeking visitation rights with their grandchildren must navigate a complex legal landscape. Under New York law, parents generally have the right to make decisions about their children, including decisions about visitation. However, in certain circumstances, grandparents may be able to seek visitation rights. The courts will consider a variety of factors, including the relationship between the grandparents and the child, the reasons for the parents’ objection to visitation, and the best interests of the child. In Matter of Quesnell v. Ferrara the court was tasked with determining whether grandparents should be granted visitation rights with their grandchild.

Factual Background

The case involved a grandmother, Joan Quesnell, who sought visitation with her granddaughter, who was born to her son and his girlfriend, the child’s mother. The relationship between the grandmother and the child’s mother had become strained, and the mother eventually moved out of the grandmother’s home with the child.

Published on: April 5, 2023

Court determined that the best interests of the child outweighed the grandparents’ visitation rights. Matter of Emanuel S. v. Joseph E., 84 A.D.3d 1308 (3d Dep’t 2011)

by Stephen Bilkis

In the case of Matter of Emanuel S. v. Joseph E., the court addressed the issue of grandparent visitation rights. Grandparents play an important role in the lives of their grandchildren, and in some circumstances, they may seek visitation rights to maintain that relationship. In New York, grandparents have the legal right to seek visitation with their grandchildren under certain circumstances. However, the courts must balance the interests of the grandparents with the best interests of the child.

Factual Background

In Matter of Emanuel S. v. Joseph E., the grandmother sought visitation with her granddaughter. The grandmother had a pre-existing relationship with the child and had been a significant presence in the child’s life. She had babysat the child regularly, attended school events, and spent holidays and vacations with her. The grandmother also provided financial support to the child’s mother when she was unable to work due to medical issues.

Published on: April 3, 2023

Grandparent did not have standing to seek visitation rights. Matter of Raquel Marie X., 84 A.D.3d 1313 (3d Dep’t 2011)

by Stephen Bilkis

Under New York law, grandparents have limited rights when it comes to seeking visitation with their grandchildren. In most cases, grandparents must demonstrate that they have standing to bring a petition for visitation and that visitation is in the best interests of the child. The law related to grandparent visitation rights was central to the case of Matter of Raquel Marie X., 84 A.D.3d 1313 (3d Dep’t 2011). This blog post will provide an overview of the case, including the factual background, discussion of the legal issues, and the importance of consulting with an experienced New York family law attorney.

Factual Background

The case of Matter of Raquel Marie X. involved a custody dispute between the parents of a young girl and the child’s paternal grandparents. The child’s mother had been incarcerated, and the father was struggling with drug addiction, leading the grandparents to seek custody of their granddaughter.

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.