Grandparents...

[MissyGirly3]

New York State

 

[randolph76]

Grandparents in NY State rock

 

[Isis1]

Grandparents in NY State rock

Just not grandparent rights! Those suck!

 

[Rushia]

Grandparents in NY State rock

Not all of them.

 

[muchneededhelp]

Not all of them.

The judges for GPV in NYS aren't that hot either, I hear.

 

[Proserpina]

The judges for GPV in NYS aren't that hot either, I hear.

Oh, they're hot alright.

FOR the grandparents.

Not so much for the parents.

 

[liandrajade]

I concur, NY is the epitomy of suckage when it comes to a state's laws in regards to GPV.

 

[randolph76]

Look what I started

 

[BL]

Are you the grandparent or Parent ?


What visitation rights do grandparents have?
Section 72 of the New York State Domestic Relations Law (DRL) provides that when either or both parents of a minor child residing in New York dies or "... where circumstances show that conditions exist which equity would see fit to intervene..." a grandparent or grandparents can apply to the New York Supreme Court for visitation rights with the child. Section 651 of the Family Court Act (FCA) also permits a grandparent to file a petition in the county Family Court for visitation with a minor child, under the same circumstances as those provided in Section 72 of the DRL.
Please note that the law does not provide an absolute right of visitation with a grandchild. It merely provides methods by which a grandparent can make an application for visitation. The court can only order such visitation when it determines that it is in the best interests of the child. Such a determination is made on a case-by-case basis. However, the wishes of the parents must be given deference by the court (Hertz v. Hertz, 738 NYS2d 62).
Since the ultimate determination by the court is dependent upon the factual circumstances of the particular case, it is recommended that a grandparent who is considering filing a petition for visitation consult with an attorney beforehand.