New York Family Law Blog
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.
After the mother moved out, the grandmother sought visitation with her grandchild. However, the child’s mother refused to allow the grandmother to visit with the child. As a result, the grandmother filed a petition in family court seeking visitation rights.
The family court denied the grandmother’s petition, finding that she did not have standing to seek visitation with the child. The grandmother appealed the decision to the appellate court.
Discussion
The appellate court began its analysis by considering the legal standard for grandparent visitation in New York. The court noted that in order for a grandparent to have standing to seek visitation with a grandchild, the grandparent must first establish that he or she has an ongoing relationship with the child, and that denial of visitation would cause harm to the child.
The court also acknowledged that the right of a parent to make decisions regarding the care, custody, and control of their children is a fundamental right protected by the Constitution. As a result, courts must balance the interests of the grandparents seeking visitation with the child’s parents’ right to make decisions regarding their child’s welfare.
In this case, the court found that the grandmother did not have standing to seek visitation with her grandchild. The court noted that the grandmother had a relationship with the child, but it was not an ongoing relationship. Instead, the relationship was largely dependent on the child’s mother’s decision to allow the grandmother to visit with the child.
The court also found that denial of visitation with the child would not cause harm to the child. The court noted that the child’s mother had made decisions regarding the child’s care and welfare, and that the grandmother had not been involved in those decisions. As a result, the court determined that the grandmother did not have standing to seek visitation with the child.
Conclusion
In Matter of Quesnell v. Ferrara, the court ultimately held that the grandmother did not have standing to seek visitation with her grandchild. Even though the child once lived with the grandmother, the court found that the grandmother did not have an ongoing relationship with the child and that denial of visitation would not cause harm to the child.
This case highlights the complexity of grandparent visitation rights in New York and the need to seek the guidance of an experienced family law lawyer. If you are a grandparent seeking visitation rights with your grandchildren, it is important to understand your legal rights and options. An experienced family law lawyer can guide you through the legal process and help you determine the best course of action to protect your relationship with your grandchildren. Additionally, if you are a parent facing a grandparent visitation case, an experienced New York family law lawyer can assist you in protecting your parental rights.