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Grandparents Have Certain Rights

As the grandparent of a child from a divorced or separated couple, you may be able to request visitation or custody rights to your grandchildren.

Put A Buffalo Family Law Attorney In Your Corner

Divorce doesn’t just impact the spouses involved – it often touches the lives of both children and grandparents in a significant way. Fortunately, just because a divorce occurred does not mean you have to end your relationship with your grandchildren. New York has certain provisions for grandparents who want to ask the court for visitation or custody of their grandchildren. Despite these provisions, it’s not guaranteed that the court is going to give you what you want simply because you ask. Fortunately, we are Buffalo family lawyers with more than 10 years of experience who have handled countless cases successfully. We can help you prepare a strong case, navigate the court system, and ensure that your best interests are advanced.

What Are My Custody And Visitation Rights?

In New York, grandparents are allowed to petition for visitation or custody if they have the “standing” to do so. Legally, standing refers to a grandparent’s ability to meet certain requirements before petitioning the court. When it comes to visitation or custody, a grandparent has standing if:

  • Either or both of the child’s parents are deceased.
  • Other extraordinary circumstances permit the court to intervene.

If a prolonged distraction of custody has occurred, it can qualify as an extraordinary circumstance, such as when a parent voluntarily gives up control of their child to the grandparent. When the court establishes that an extraordinary circumstance exists, the grandparent is responsible for proving that their request is in the best interests of the child.

We are prepared to help you verify the reason for your request of visitation or custody. Whether by physical evidence or witness accounts, we want to do whatever it takes to strengthen your petition in court. Your relationship with your grandchild matters and our firm is here to protect that relationship.

Though the court always has discretion in these matters, we can help you maximize your chances for success on your petition. Reach out to our firm for personal legal representation from an experienced family attorney in Buffalo, New York. Call 716-648-1400 today.