Grandparents Rights

 

Staten Island Grandparents' Rights Attorney

VISITATION:

There is a legal presumption that the parents' decision to prevent grandparent/grandchild visitation is appropriate, and the necessity to rebut same exists with the Grandparent(s) seeking visitation. An experienced attorney can make the difference in seeking grandparents visitation rights.

I am attorney Kurt Richards, and I have represented more than 3,000 clients successfully in their divorce and family court matters, in both New York and New Jersey.

Grandparents Have a right to seek visitation rights with their grandchildren under New York law. The burden is on the grandparents to prove that there are extraordinary circumstances and that visitation is in the best interests of the grandchild(ren). The first requirement is to establish what is known as "standing" before the court. Standing exists where one or both of the parents of the child are deceased, or where there is a showing of a sufficient pre-existing relationship between the grandparent(s) and the grandchild(ren).

Once a grandparent establishes standing it will be necessary to prove that visitation is in the best interest of the child. The judge may consider if the custodial parent has inappropriately tried to obstruct or alienate the child from a grandparent and may take that into account when determining what is in the child's best interest.

 

LEGAL GUARDIANSHIP:

There may be legitimate reasons for a grandparent to seek legal guardianship of a Grandchild(ren) such as a parents illness, a unfit teenage mother, addiction or when parental rights have been terminated.

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Contact my office for a consultation to learn your rights 718 720 1000