What are Grandparents’ Rights in New York? by Richard Roman Shum

Описание: What are Grandparents’ Rights in New York? by Richard Roman Shum

Understanding grandparents’ rights in New York is essential for families navigating changes that affect access to grandchildren. This video explains how grandparents can legally pursue visitation or custody through the New York Family Court system. It highlights the application of New York Domestic Relations Law § 72, which allows grandparents to petition the court when they are denied access to a grandchild, particularly in cases involving divorced, deceased, or missing parents.

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The video outlines how New York courts handle these petitions by weighing the best interests of the child while respecting the rights of the parents. Courts presume that fit parents act in their child’s best interest, but if grandparents present compelling evidence that visitation would benefit the child’s emotional and developmental needs, the court may grant visitation rights. When both parents are alive, married, and oppose visitation, grandparents must demonstrate the presence of “equitable circumstances” before the court will consider the request.

The process begins with filing a petition for visitation in the Family Court located in the county where the child resides, such as Manhattan Family Court. The court requires proper documentation showing the relationship between the grandparent and the child, notice to the parents or legal guardians, and a hearing to review the petition. At the hearing, the judge may also appoint an attorney for the child to ensure the child’s voice is independently represented.

In more serious situations, grandparents may seek custody instead of visitation. To do so, they must first prove “extraordinary circumstances” exist, such as abandonment, persistent neglect, or extended disruption of custody. When such conditions are proven, the court assesses whether placing the child with the grandparent would better support the child’s stability, care, and safety.

The landmark case Troxel v. Granville (2000), decided by the U.S. Supreme Court, continues to influence how New York courts approach these cases. It established that a parent’s right to decide on their child’s care is a fundamental liberty protected by the Fourteenth Amendment. As a result, the courts apply “special weight” to a parent’s decision to deny visitation, requiring strong justification from grandparents to override it.

This video also explains the difference between custody and guardianship. While custody—typically determined in Family Court—grants the grandparent legal authority over the child's day-to-day life, guardianship is often pursued through Surrogate’s Court and can be limited to certain responsibilities, such as managing property or health care.

Throughout the video, viewers will see how New York State law provides a legal framework that values both parental rights and the potential importance of a grandparent-child relationship. For those located in Manhattan or surrounding areas, the Law Office of Richard Roman Shum, Esq. offers legal support for grandparents seeking to maintain or restore their role in a child’s life. For guidance or a free consultation, the firm can be reached at (646) 259-3416.

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