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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 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.


The central issue before the court was whether E.O. had standing to seek visitation rights and, if so, whether granting visitation would be in the best interests of G.D. Additionally, the court had to determine the credibility of the testimonies presented by both parties and assess the nature of their relationship with the child.


After considering the evidence and testimonies presented, the court determined that E.O. did have standing to seek visitation but failed to establish a meaningful relationship with G.D. Furthermore, the court found that granting visitation would not be in the best interests of the child, citing the acrimony between the parties and the child’s special needs.

The court followed a two-part inquiry as outlined in the Domestic Relations Law §72. First, it determined if the petitioner had standing to seek visitation based on certain conditions, such as the death of a parent or circumstances warranting intervention. Once standing was established, the court assessed whether visitation would serve the child’s best interests. It emphasized the presumption that a fit parent’s decisions are in the child’s best interests but acknowledged the need to consider the nature of the parent-grandparent relationship.

In this case, the petitioner had standing to seek visitation, but she failed to demonstrate a meaningful relationship with the child. Despite G.D. residing with the petitioner for several years, the respondent’s testimony revealed minimal interaction between the petitioner and the child. The petitioner’s desire to establish a relationship was noted but not substantiated by evidence of past efforts to maintain contact.

The court considered the credibility of the witnesses and the nature of the parents’ objection to visitation. It found the respondent’s testimony credible and consistent, while the petitioner’s testimony lacked credibility and was inconsistent. Additionally, the acrimony between the parties and the child’s special needs were taken into account in determining that granting visitation would not be in the child’s best interests.

Ultimately, the court’s decision to deny the petitioner’s request for visitation was based on its assessment of the evidence and the paramount concern for the child’s welfare.

The court’s decision to deny E.O.’s petition for visitation rights shows that they thought about all the evidence and what’s best for the child. Even though grandparents are important, the court needs to think about what’s good for the child and how the family gets along. They have to find a balance between letting grandparents see the child and making sure the child is safe and happy.

In this case, the court looked at how E.O. and the child, G.D., get along. Even though G.D. lived with E.O. for a while, they didn’t spend a lot of time together, so the court wasn’t sure how strong their bond was.

The court also thought about the problems between E.O. and G.D.’s mom, J.K. They saw that there was a lot of arguing and fighting between them, which could make things hard for G.D.

And because G.D. has special needs, the court knew they had to be extra careful. They wanted to make sure she had a stable and safe environment, especially because she has trouble communicating and dealing with her feelings.

So, in the end, the court decided that it wasn’t a good idea for E.O. to have visitation rights. They wanted to do what was best for G.D., even if it meant E.O. couldn’t see her as much as she wanted.

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