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  1. #11
    Join Date
    Mar 2013
    Posts
    17,272

    Default Re: Grandma Visitation Case in New York

    Is there hostility between the parents of the child?

    Is there hostility between the mother and you?

    The reality is that you are NOT a grandparent, de facto or otherwise, and there is no "legal" basis for you to claim so.

    If you and your former "ward" are not on the good side of the mother then you will just have to resign yourself to occasional visits when the father has visitation. Perhaps you can encourage him to increase his visitation but you cannot compel it nor do I think any judge will rock the boat because of your feelings.

  2. #12
    Join Date
    Oct 2006
    Posts
    15,720

    Default Re: Grandma Visitation Case in New York

    Quote Quoting Nora123
    View Post
    Most of visitations (1-2 times a month) happened at my house for more than a year, hence on-going relationship claim, could I be considered a de facto grandma because of that?

    So far I haven't had visits with grandchild by myself but grandchild's father is agreeing for me to see grandchild during his time if he can't exercise his visitations
    due to his work schedule or what not...
    If dad picks up the child for his visitation and then lets you watch the child while he works that is totally acceptable.

    Can the mother legally not allow the above arrangement? What if mother agrees to it and after a while changes her mind about my visits,
    will I have a stronger case because I have had my own visits and now she is no longer allowing? I'm afraid to be at her mercy, she is not very reliable either.
    Again, I don't think that any judge would give you permission to exercise dad's visitation or give you visitation of your own.

    I heard that NY is very liberal with regard to gp visitations and it's all about the best interest of a child
    Its true that NY is one of two states that are somewhat liberal with gp visitations. Your problem is, is that you are NOT the child's gp. No matter how much you try to claim that you are a defacto gp, the reality of things is that you are not.

  3. #13
    Join Date
    Jun 2010
    Posts
    645

    Default Re: Grandma Visitation Case in New York

    Given the situation, I'm going to suggest that you go to any lengths possible to schmooz Mom. If you file for court-ordered visitation and lose? I can almost guarantee she will deny you contact outside of what Dad allows you when HE has the child. But if you make an effort with her, offer your help, offer to watch the child so she can get a break, you may find it is all more amicable. That whole bees/honey vs vinegar thing....

    My daughter's (stbx) husband had a child, and his mother did just that. Now? She has considerable time with her grandson. (also in NY)

  4. #14
    Join Date
    Nov 2019
    Posts
    5

    Default Re: Grandma Visitation Case in New York

    @Moderator, I changed my mind about posting the reply - please don't post

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