Grandparents' Rights

When most people think of divorcing or separating parents, they wonder about how mom and dad will share the custody of the children.  But, most people don’t immediately think about the child or children’s grandparents.  Grandparents often have very close relationships with their grandchildren and children with their grandparents.

If a divorce or separation occurs between a child’s parents, that grandparent-to-child bond can become even more important because it represents a stable relationship in the midst of upheaval.  This stability is often very hard to find during the painful and confusing time which accompanies so many parental breakups.

Many times, there is no controversy concerning the children’s right to continue their relationships with grandparents.  Dad might take the kids to visit with his parents, and mom might do the same.  But, what happens if a party loses custody of children to a spouse and that party’s parents and the spouse are not on good terms?  What happens when one spouse objects to the other spouse’s parents’ seeing the child?
 
What happens if a divorcing couple lives in New York and one set of grandparents resides far away, or even as close as New Jersey?  Who does the driving, the flying, and the scheduling, and who pays for it?  How can grandma and grandpa stay in touch with their grandchildren?

Third-Party Visitation
It has become increasingly popular in New York for grandparents to be granted visitation or custody by the Courts.  Grandparents are recognized as having their own rights concerning the ongoing relationships with their grandchildren, which is often independent of the outcome of the divorce as it concerns the parents of a child.
These rights, however, are not nearly as clearly drawn as the rights of natural parents.  In deciding if these rights exist at all, Courts will take into account:

• the quality, depth, and duration of the child-grandparent bond
• its geographical distance
• its continuity through the difficult time of divorce

Courts may also examine any attempts at frustration or disruption of the grandparent/child bond by either parent.  In some cases, where one or even both parents may prove unworthy of having custody of their own child, grandparents may be candidates for primary custody.  Such cases, while not common, do occur. 

Grandparents’ Rights Criteria
Courts do not have a better measurement in making decisions regarding the award of grandparents’ rights than that elusive quality, the “best interests” of the child.  Usually, where there is a strong grandparental bond, and there exists no reason not to preserve it, grandparents have a reasonable expectation that it will be allowed to continue.

If there is strife between or among various family members, a judge has to use all of his/her wisdom, existing legal precedents, and even testimony of the parties to make a determination involving the rights of grandparents to maintain continued access to their grandchildren.

Long Island Divorce & Family Law Attorneys

If grandparental visitation is on the horizon in your divorce or separation, or if you are a grandparent with an interest in the outcome of your own child’s divorce, our four decades of combined experience at Law Offices of Martin K. Lang, P.C. can help you learn about these issues and position yourself to achieve the best obtainable outcome.  Our knowledgeable attorneys have extensive dealings with cases involving grandparents and extended families.  If you find yourself facing such a possibility, it is imperative that you seek the advice of an experienced family law practice. 

Call us today at 516-227-2255 or 631-226-4200 for your free consultation.

Contact us about yourGrandparents Rights matter today!

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