Page 1 of 2 1 2 LastLast
Results 1 to 10 of 14
  1. #1
    Join Date
    Nov 2019
    Posts
    5

    Default Grandma Visitation Case in New York

    My question involves a child visitation case from the State of: NY

    Do I have to prove in court my relationship to the grandchild's parent?
    I'm not his bio mom, had a guardianship for his teen years but never adopted, but he considers me his mom.
    Will it affect my grandparent visitation case?

  2. #2
    Join Date
    Oct 2016
    Posts
    3,344

    Default Re: Grandma Visitation Case in New York

    Yes, it should affect the case because you are not the child's grandparent.

  3. #3
    Join Date
    Oct 2006
    Posts
    15,741

    Default Re: Grandma Visitation Case in New York

    Quote Quoting Nora123
    View Post
    My question involves a child visitation case from the State of: NY

    Do I have to prove in court my relationship to the grandchild's parent?
    I'm not his bio mom, had a guardianship for his teen years but never adopted, but he considers me his mom.
    Will it affect my grandparent visitation case?
    Only a biological or legal grandparent would have standing for a grandparent visitation suit in NY. However, if the father of the child considers you to be his mom, then why are you even filing a grandparent visitation suit?

  4. #4
    Join Date
    Nov 2019
    Posts
    5

    Default Re: Grandma Visitation Case in New York

    He is not reliable and not exercising his visits fully, maybe 1 or 2 times a months,
    I'd like to have more reliable contact with grandchild which is in child's best interests and not depend on him.

    Can I argue "bright line" here? He treats and calls me his mom, he lived with me for 6 years while he
    was a teenager and I was his legal guardian. Do judges have a discretion on this matter?

  5. #5
    Join Date
    Oct 2016
    Posts
    3,344

    Default Re: Grandma Visitation Case in New York

    What the child's father calls you means nothing.

    Are the child's parents married at this time?

  6. #6
    Join Date
    Nov 2019
    Posts
    5

    Default Re: Grandma Visitation Case in New York

    never married, no longer together, he is on birth certificate
    he is NCP, has court appointed visitations but not using them all, which makes him unreliable

    I think it's in the best interest of a child to have a constant contact with his paternal side of the family

    Are you familiar with "bright line", I've been told that judge have discretion on determining that I'm a de facto grandma

  7. #7
    Join Date
    Oct 2016
    Posts
    3,344

    Default Re: Grandma Visitation Case in New York

    Judges do have all sorts of discretion but unless you have had an ongoing relationship with the child I can see no reason a court could or would treat you as a grandparent.

    If you are going to try and do this you are going to need a lawyer.

  8. #8
    Join Date
    Oct 2006
    Posts
    15,741

    Default Re: Grandma Visitation Case in New York

    Quote Quoting Nora123
    View Post
    He is not reliable and not exercising his visits fully, maybe 1 or 2 times a months,
    I'd like to have more reliable contact with grandchild which is in child's best interests and not depend on him.

    Can I argue "bright line" here? He treats and calls me his mom, he lived with me for 6 years while he
    was a teenager and I was his legal guardian. Do judges have a discretion on this matter?
    The father of the child is in the child's life, even if he is not exercising all of his visitation. The father of the child can provide visitation opportunities to you during his time. You are not a biological or legal grandparent to the child. I cannot imagine that a judge would even give you standing to sue for visitation, let alone grant you any.

  9. #9
    Join Date
    Nov 2019
    Posts
    5

    Default Re: Grandma Visitation Case in New York

    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...

    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.

    I heard that NY is very liberal with regard to gp visitations and it's all about the best interest of a child

  10. #10
    Join Date
    Oct 2016
    Posts
    3,344

    Default Re: Grandma Visitation Case in New York

    The mother can legally say you, a legal stranger to the child, can not be around the child. And if she gets wind of you taking her to court that is likely what will happen.

    As said judges do have the discretion to do what is in the best interest of the child but that doesn't mean he can do anything he wants. I can't imagine in any case, from what you have described that you would be considered a grandparent.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Child Neglect: 16 Year Old is in South Carolina, Staying With Grandma, Grandma Kicked Her Out
    By conceredstepmom in forum Abuse and Neglect
    Replies: 1
    Last Post: 03-02-2011, 09:05 AM
  2. Grandparents and Third Parties: Grandma Wants Visitation After Adoption
    By mom2all4 in forum Child Custody, Support and Visitation
    Replies: 4
    Last Post: 06-28-2010, 06:12 PM
  3. Grandparents and Third Parties: Visitation Rights In New York State
    By deedee13 in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 08-31-2008, 05:36 PM
  4. New York visitation problems
    By kellyc in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 03-18-2006, 06:31 PM
  5. Obtaining Visitation in New York
    By KatGeo in forum Child Custody, Support and Visitation
    Replies: 7
    Last Post: 11-14-2005, 10:05 PM
 
 
Sponsored Links

Legal Help, Information and Resources