Grandparent visitation rights

[Geraldyn]

What is the name of your state? NY What forms do I have to submit to the court to allow visitation of my grandchild? I realize that there will be a charge to download the form but I want to make sure it's the correct one before I do so. Grandparents do have rights, don't they?

 

[fairisfair]

not necessarily. Where are the parents of the child?

here is some additional information, the booklets are a free download.

http://www.divorcesource.com/info/grandparents/states/newyork.shtml

 

[Rushia]

I have reviewed your other thread. If this is your stepson's child you are talking about...forget it. Legally you are not the child's grandmother and you do not have standing to sue for visitation. You will be wasting your time. Read up on Domestic Relations law 72 on gp visitation.

 

[Geraldyn]

I KNOW I don't have rights as a step-grandparent but my spouse is the natural grandfather and he would love to see his grandchild. To answer the question on "where are the Parents?" the mother and father are divorced and the father has been denied visitation. (The case is going to an appeals court in March). In the meantime, Granddad would like to see his grandchild! I tried that website, fairisfair, but apparently they moved the visitation topics to another site and I haven't found it yet.

 

[Rushia]

I KNOW I don't have rights as a step-grandparent but my spouse is the natural grandfather and he would love to see his grandchild. To answer the question on "where are the Parents?" the mother and father are divorced and the father has been denied visitation. (The case is going to an appeals court in March). In the meantime, Granddad would like to see his grandchild! I tried that website, fairisfair, but apparently they moved the visitation topics to another site and I haven't found it yet.

I apologize if I seemed harsh, however you asked about seeing YOUR grandchild. Also be aware that even grampa doesn't have rights. It could also be set up that all visits would be grampa and kid and you wouldn't get within two feet of the kid. If mom has a ton of money, then be advised that grampa may lose, in that case, don't count on him seeing the kid ever again either. These cases are not fast nor are they easy. Trust me, I've been doing this for almost 2 years now.

PS, It may just be easier to wait and see how stepsons case turns out.

 

[You Are Guilty]

While the odds are it won't be granted, here are the potential forms, (free), and I believe there is no filing fee either, so you really have nothing to lose by trying:
http://www.courts.state.ny.us/forms/familycourt/pdfs/gf-17.pdf
or
http://www.courts.state.ny.us/forms/familycourt/pdfs/gf-22.pdf
and
http://www.courts.state.ny.us/forms/familycourt/pdfs/gf-23.pdf

Good luck.

 

[fairisfair]

I KNOW I don't have rights as a step-grandparent but my spouse is the natural grandfather and he would love to see his grandchild. To answer the question on "where are the Parents?" the mother and father are divorced and the father has been denied visitation. (The case is going to an appeals court in March). In the meantime, Granddad would like to see his grandchild! I tried that website, fairisfair, but apparently they moved the visitation topics to another site and I haven't found it yet.

this may help. that and listening to You are Guilty.

http://www.giclocalsupport.org/doc/new york05.pdf

for additional information google New York Grandparent rights, that will keep you busy.

 

[nextwife]

The presumption with living divorced/ never married parents, is that the baby's parent can share some of their visitation time with their own parent, if they want their child to have Grandparent visitation. If Dad is not fighting through the courts to get visitaion, GRampa may want to have a talk with his son. But son needs to enforce his OWN rights to be a parent.

 

[BL]

Unless their has been on ongoing , frequent , and meaningful relationship between grandpa and grandchild , or a stipulated agreement entered into a Court order , I don't see grandpa being awarded visitations .

Why not talk to mom and try to set up a visit or two per month for a few hrs . , even with mom present .

Even IF grandpa were awarded visits , it would be about as often as I mentioned above .

You would be wasting money on a Court case .

 

[Rushia]

The presumption with living divorced/ never married parents, is that the baby's parent can share some of their visitation time with their own parent, if they want their child to have Grandparent visitation. If Dad is not fighting through the courts to get visitaion, GRampa may want to have a talk with his son. But son needs to enforce his OWN rights to be a parent.

From her other threads... Stepson is in the appeals process for visitation. Hence my advice to wait until his case goes thru. A gp suit (unless mom agrees) could take YEARS, so he wouldn't get any sort of visitation before dad gets his.