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.