When you learn that you’re going to be a grandparent, it can be incredibly exciting. Not only do you get to watch your child step into this role and embrace their new life, but you also get to enjoy being a grandparent! However, if a rift occurs between you and your grandchild’s parents, you may be barred from seeing them. If this is the case, you may wonder if grandparents have the legal right to seek visitation in New York. The following blog explores what you should know about this matter, including the importance of working with Long Island family lawyers to help you explore your options and fight for the best possible outcome.
Are Grandparents Able to Seek Visitation With a Grandchild?
First and foremost, it’s imperative to understand that a grandparent is able to seek visitation with their grandchild in the event the parent is barring them from seeing a child. However, it’s critical to note that this process is not simple.
When legal issues arise involving children, the court will, above all else, prioritize the best interests of the child. Additionally, the court believes that a parent adheres to this ideal, often siding with the parent and their legal right to make decisions on behalf of their child. However, there are instances in which the court will have more leeway to determine whether or not to grant visitation to a grandparent.
In the event that one or both parents have passed away or a divorce occurs, the court will carefully consider several factors to determine whether or not the grandparents have the right to spend time with the child.
If I Want to Seek Visitation, What Steps Must I Take?
If you are petitioning the court for visitation with your grandchild, it’s necessary to understand that the burden of proof lies on your shoulders. As such, you must be able to demonstrate to the court that withholding visitation is not in the best interest of the child and actively causes harm.
Generally, if you can show that you had a substantial relationship with the child and that barring you from spending time with the child would impact their mental health and wellbeing, and that the parents have actively interfered with your efforts to maintain a relationship, the court may agree and grant you the right to spend time with your grandchild.
As you can see, seeking visitation with your grandchild can be incredibly complex. That is why it’s in your best interest to connect with an experienced attorney who can help you in the fight for the best possible outcome for these difficult situations. At the Sklavos Law Firm, our team will do everything in our power to help you navigate these complex issues. Connect with our firm today to learn how we can help you.