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  1. #1
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    Oct 2005
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    Default Grandparents Custody and Visitation Rights in New York

    Can someone please tell me what rights do grandparents have in NY? Can I be sued for visitation? Thanks.

  2. #2
    Join Date
    Mar 2005
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    Michigan
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    Default Re: Grandparent Rights in New York

    New York's grandparent's visitation statute provides:
    Quote Quoting New York Code, Domestic Relations 72. Special proceeding or habeas corpus to obtain visitation rights or custody in respect to certain infant grandchildren.
    1. Where either or both of the parents of a minor child, residing within this state, is or are deceased, or where circumstances show that conditions exist which equity would see fit to intervene, a grandparent or the grandparents of such child may apply to the supreme court by commencing a special proceeding or for a writ of habeas corpus to have such child brought before such court, or may apply to the family court pursuant to subdivision (b) of section six hundred fifty-one of the family court act; and on the return thereof, the court, by order, after due notice to the parent or any other person or party having the care, custody, and control of such child, to be given in such manner as the court shall prescribe, may make such directions as the best interest of the child may require, for visitation rights for such grandparent or grandparents in respect to such child.

    2.
    (a) Where a grandparent or the grandparents of a minor child, residing within this state, can demonstrate to the satisfaction of the court the existence of extraordinary circumstances, such grandparent or grandparents of such child may apply to the supreme court by commencing a special proceeding or for a writ of habeas corpus to have such child brought before such court, or may apply to family court pursuant to subdivision (b) of section six hundred fifty-one of the family court act; and on the return thereof, the court, by order, after due notice to the parent or any other person or party having the care, custody, and control of such child, to be given in such manner as the court shall prescribe, may make such directions as the best interests of the child may require, for custody rights for such grandparent or grandparents in respect to such child. An extended disruption of custody, as such term is defined in this section, shall constitute an extraordinary circumstance.

    (b) For the purposes of this section "extended disruption of custody" shall include, but not be limited to, a prolonged separation of the respondent parent and the child for at least twenty-four continuous months during which the parent voluntarily relinquished care and control of the child and the child resided in the household of the petitioner grandparent or grandparents, provided, however, that the court may find that extraordinary circumstances exist should the prolonged separation have lasted for less than twenty-four months.

    (c) Nothing in this section shall limit the ability of parties to enter into consensual custody agreements absent the existence of extraordinary circumstances.

  3. #3

    Default Re: Grandparent Rights in New York

    Generally grandparents will not be awarded visitation if a fit parent objects.

  4. #4
    Join Date
    Feb 2007
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    2,031

    Default Re: Grandparent Rights in New York

    Quote Quoting lwpat
    View Post
    Generally grandparents will not be awarded visitation if a fit parent objects.
    There is a member at another forum that we both post at......Who has been battling GPV for a couple of years...Both her and the children's father object to his (dad's) parents having visitation...But a judge awarded it anyway.

    I directed the OP to that member for advice.

  5. #5
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    Michigan
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    Default Re: Grandparent Rights in New York

    You can name, and even link to, the other place. Whichever it happens to be. I don't want interpersonal conflicts from other forums to spill over, but good legal information is worth a link.

  6. #6
    Join Date
    Feb 2007
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    2,031

    Default Re: Grandparent Rights in New York

    Quote Quoting aaron
    View Post
    You can name, and even link to, the other place. Whichever it happens to be. I don't want interpersonal conflicts from other forums to spill over, but good legal information is worth a link.
    Thanks Aaron...But I directed the OP to her profile. She hasn't posted too much in threads but is willing to help other members using her experience.

    Here is one of her threads...but as I said because of the continuing litigation she doesn't post much on-line.

    http://forum.freeadvice.com/showthread.php?t=204391

    I am also going to send a link of this thread to Ldij who knows A LOT about GPV.

  7. #7
    Join Date
    Nov 2007
    Posts
    136

    Default Re: Grandparent Rights in New York

    Well, I'll be blunt. Out of all the states, NY and PA are the worst in favor of the gp's. However with as little information as OP has posted it's hard to make a determination on anything. We need more info.

  8. #8
    Join Date
    Oct 2006
    Posts
    16,249

    Default Re: Grandparent Rights in New York

    Quote Quoting Rushia
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    Well, I'll be blunt. Out of all the states, NY and PA are the worst in favor of the gp's. However with as little information as OP has posted it's hard to make a determination on anything. We need more info.
    I agree completely with Rushia. There is just not enough information here to give her a decent answer.

  9. #9
    Join Date
    Feb 2007
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    Default Re: Grandparent Rights in New York

    I was hoping that OP would have come back and "filled in the blanks"...

  10. #10
    Join Date
    Oct 2005
    Location
    New York
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    32

    Default Re: Grandparents Rights in New York

    Hello Everyone
    First off let me thank everyone for their help/advice. Now what other info do you all need? I didn't want to give irrelevant information. I'll give you all a little more info but please let me know if you need more. The grandparents in question are paternal. The live in PA but the baby lives here in NY with me. They really don't care about the baby because I have had an "open door" policy for them to visit when they wanted and how often they wanted but never came. They don't call, email, nothing. I even asked for their email address so that I could email updated pics of the baby but they ignored me. Recently they invited us down for the holidays but we already have plans with my family. After I declined their invite they told me "they would pursue this legally" and they're going to tell the judge that "I am violent, prone to fits of rage, and have a mental illness" (I think they might try to say I have post-partum, not sure). The baby's father agrees with me he doesn't want them to have visits (he doesn't agree with their threat or the lies they are prepared to tell about me just to get their way). Let me note they never liked me (mainly because I am Latin), they always said their son could do better.

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