Most grandparents treasure time with their grandchildren. However, if they do not have a good relationship with the child/ren’s parents, they might fear that they will lose access. They might also be afraid of losing the right to see their grandchild/ren if their own child, a parent of the grandchild/ren, dies or is no longer involved in the grandchild/ren’s lives. Finally, in some circumstances, grandparents might feel they should seek physical and legal custody of their grandchild/ren.
The Colwell Law Group attorneys are experienced in family law. If you have concerns about legal visitation with or custody of your grandchild/ren, a dedicated Rochester grandparents’ rights lawyer may be able to explain your legal options and help you work toward a resolution that protects your rights.
Grandparents can pursue visitation rights with their grandchild/ren if one or both of the child/ren’s parents die or if there is a dispute between the custodial parent and the grandparent.
When one or both parents die, grandparents have an easier path to gaining visitation rights. Under these circumstances, as a grandparent, you have legal standing to pursue a case and need to demonstrate that visitation rights would be in your grandchild/ren’s best interests.
Although New York law recognizes that grandparents can play an important role in the raising of children, grandparents do not have unlimited rights of access to their grandchildren. If the parent who has custody of the child/ren does not want to let you visit with your grandchild/ren, a Court will consider the custodial parent’s wishes and look into why they object to your visitation before determining whether you should have visitation rights. To gain these rights against the wishes of the custodial parent, you have the burden of proving the following:
A qualified Rochester attorney may help you gather evidence to support your claim to visitation as a grandparent. For instance, a legal team may interview neighbors and other family members and ask them to write letters of support detailing the existing relationship between you and your grandchild/ren. Attorneys may also help you gather other supportive evidence, such as family photographs, photo albums, and videos that show your close bond with the child/ren. If the child/ren are old enough, a Court may also consider their wishes.
In some situations, grandparents feel it is necessary to take custody of their grandchild/ren. To gain custody while your grandchild/ren’s parents are living, you must meet a high standard of proof. This means establishing that the parents are not meeting the physical and emotional needs of the child/ren, such as by neglecting them, abusing them, or exposing them to a dangerous living situation.
A Rochester attorney may help you argue that it is in your grandchild/ren’s best interests for you to take custody by showing evidence of neglect and abuse and demonstrating your relationship with the child/ren.
Grandparents can play a vital role in raising a child, but they do not have unlimited rights. To secure visitation rights so you can continue your relationship with your grandchild/ren, or to fight for custody, it is critical that you meet with an attorney who knows how to protect your rights.
At The Colwell Law Group, our attorneys may be able to help. Call now for a complimentary consultation with a Rochester grandparents’ rights lawyer to discuss your concerns and learn more.
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