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  1. #1

    Default Grandchild Due Soon, Son Keeps Getting Threatened with Court for No Reason

    My question involves grandparents rights in the State of: New York

    Our grandchild is due in march. Our son and the mother (unmarried) went to the Doctors office yesterday. Even when he has said or done nothing wrong, she threatens that the only way he will see child is by Court Appointed.
    When they got to our house yesterday, they were talking and she pretty much admitted that he was just the sperm Donor.
    What legal Rights does our son and my husband and I have regarding the baby. Making it worse; I work with her.

  2. #2

    Default Re: Grandchild Due Soon, Son Keeps Getting Threatened with Court for No Reason

    Since your son got her pregnant before marrying her, he isn't automatically considered the father until and unless he legally establishes paternity. Until that happens, he is a legal stranger to the child and has exactly ZERO rights - so mom can withhold the baby, or even any information about the baby, name the baby anything she wants, etc. - the ball is entirely in mom's court until a father is established in a judge's court.

    Even when the child is born and your son does establish his legal rights, YOU as grandparents will have exactly what rights the parents (or in this case, the mother) decides to grant you. If they grant you visitation (or you visit during your son's time), and a relationship becomes established, you may have a legal leg to stand on if mom later attempts to withdraw or curtail visitation, but she has absolutely no legal reason to allow ANY level of visitation or rights to grandparents by default. In other words, if mom allows a grandparent/child relationship to develop, courts typically like to keep those bonds alive. However, mom is within her legal right to prevent such a bond from developing in the first place, if she so chooses. Barring some court order to the contrary, you'd be able to visit during your son's time, assuming he follows through with paternity, and gets a child support and custody order in place.

  3. #3
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    Default Re: Grandchild Due Soon, Son Keeps Getting Threatened with Court for No Reason

    Information on establishing paternity is available here.

    Grandparental access normally comes through your own child, so assuming your son obtains parenting time and wants you to see them he can allow access as he sees fit. New York has a statute that allows a formal grandparenting time order under narrow circumstances:
    Quote Quoting New York Code, Domestic Relations, Art. 5, Sec. 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.

  4. #4
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    Default Re: Grandchild Due Soon, Son Keeps Getting Threatened with Court for No Reason

    However, mom is within her legal right to prevent such a bond from developing in the first place, if she so chooses.
    Not necessarily true.

    Per New York statutes Dom law section 72, a grandparent does have the right to sue for visitation. Much case law goes along with this but a grandparent is not automatically denied visitation based on the mothers desire even after Troxel.

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