I say this from experience......
BREATHE~!!!!!!!.... TAKE A SECOND......RELAX......DO NOT SPAZZ....
Ok, now on to the questions....
#1- What is or was the past previous relationship with your child like? How often did the granparent see the child, has seen etc?
#2-Has anything been filed at this time by the grandparent? Do you know if they are retaining a lawyer?
#3- Do you have an attorney and if so, have you spoken to them about the potential visitation suit from the grandparent?
It is hard to say with certainty IF the grandparent will get a visitation order, there are may circumstances we do not know. The biggest being the previous relationship if there was MAY potentially be a factor.
NY is a state that can be grandparent friendly, especially if there are circumstances that would merit the court intervening or if there was an established relationship with the child.
Search on here and you will find quite a few threads from other parents in NYS with similar issues.
Here is the entire NYS Domestic Relations Law, Article 5, Section 72:
READ THE BOLDED AND RESEARCH IT.
§ 72. Special proceeding or habeas corpus to obtain visitation rights
or custody in respect to certain infant grandchildren. 1. Where either
or both of the parents of a minor child, residing within this state, is
or are deceased, or
where circumstances show that conditions exist which
equity would see fit to intervene, a grandparent or the grandparents of
such child may apply to the supreme court by commencing a special
proceeding or for a writ of habeas corpus to have such child brought
before such court, or may apply to the family court pursuant to
subdivision (b) of section six hundred fifty-one of the family court
act; and on the return thereof, the court, by order, after due notice to
the parent or any other person or party having the care, custody, and
control of such child, to be given in such manner as the court shall
prescribe, may make such directions as the best interest of the child
may require, for visitation rights for such grandparent or grandparents
in respect to such child.
2. (a) Where a grandparent or the grandparents of a minor child,
residing within this state, can demonstrate to the satisfaction of the
court the existence of extraordinary circumstances, such grandparent or
grandparents of such child may apply to the supreme court by commencing
a special proceeding or for a writ of habeas corpus to have such child
brought before such court, or may apply to family court pursuant to
subdivision (b) of section six hundred fifty-one of the family court
act; and on the return thereof, the court, by order, after due notice to
the parent or any other person or party having the care, custody, and
control of such child, to be given in such manner as the court shall
prescribe, may make such directions as the best interests of the child
may require, for custody rights for such grandparent or grandparents in
respect to such child. An extended disruption of custody, as such term
is defined in this section, shall constitute an extraordinary
circumstance.
(b) For the purposes of this section "extended disruption of custody"
shall include, but not be limited to, a prolonged separation of the
respondent parent and the child for at least twenty-four continuous
months during which the parent voluntarily relinquished care and control
of the child and the child resided in the household of the petitioner
grandparent or grandparents, provided, however, that the court may find
that extraordinary circumstances exist should the prolonged separation
have lasted for less than twenty-four months.
(c) Nothing in this section shall limit the ability of parties to
enter into consensual custody agreements absent the existence of
extraordinary circumstances.
