Results 1 to 3 of 3
  1. #1
    Join Date
    Mar 2010
    Location
    New York City
    Posts
    1

    Default Grandparents Visitation Rights in New York

    My question involves grandparents rights in the State of New York: Hello everyone. I am seeking advice regarding a petition filed in family court by my son's maternal grandmother, who seeks court ordered visitation of my 16-month old son. The background of the situation is: My son was born on my birthday in 2008 and resided since he left the hospital. his mother, in an attempt to avoid being deported out of the U.S. for crimes she commited, filed a false domestic violence report against me, in hope that an active court case will prevent her from being deported. my son was subsequently removed from me for approximately one (1) month and placed in the custody of his mother who went into a DV shelter. while in her care she threatened to kill him which resulted in his removal and placement in a foster home. After several state investigations it was determined that my son was best cared for in my custody and he was released to me. Because of her erractic behavior My son's mother was deported in November. Prior to the maternal grandmother had no genuine desire to care for my son. Yes, she purchased a "jacket" and some "toys" and held a birthday party for him, but she have never spent more than a day or 2 with my son. Since the deportation of his mother I have offered the maternal side many opportunities to visit and build a relationship with my son. After a few visits I noticed my son would reach out to kiss me extending his tongue. He would also attempt to hit me and others in the face. I asked the Grandmother about this and she would say he is just playing. Recently, she requested that I allow her to frauduently claim my son on her taxes so she could get more money back in her Income Tax Return and she would give me some of the money. I denied her request and informed her I would not allow anyony to exploit my son or get him involved in any scam. I further informed her that my son never resided with her and purchasing a few items as gifts does not constitute my son being a dependent. I stopped communicating with her, after it became apparent to me that she only sought material gain through my son. Additionally, my son's mother had, before her deportation, made threats to have me and my son killed. in a recent facebook posting she referred to this again. Because of this I informed her I would not allow her anymore contact with my son until she get her act together. She has now incouraged the maternal grandmother to file a petition in court against me and ACS (Child Services) seeking court ordered visitation. The last time she saw my son was in late Mid January. I believe she is doing this at the request of my son's mother so she (My son's mother) can continue harming my son by keeping him involved with courts and court orders. What rights do I have and what is the best course of action should I take to prevent the maternal grandmother from gaining access to my son? ACS visit regularly and see that my son is well cared for. His doctor has noted that he is developing well and healthy. The Attorney for ACS and my son's legal advocate as well as ACS case manager all state that I am well fit emotionally and am financially stable to care for my child, and have requested that the case initially filed by the child's mother be closed. Now my son and i are beintg threatened with a new case by the Grandmother. Can anyone please advise me what to do? Today's date is 3/15/10 and the court hearing for the grandmother is scheduled for 3/29/10

  2. #2

    Default Re: Grandparents Rights in New York

    First, courts understand how completely off the wall accusations of wrong doing can get when children are involved. Everyone points fingers at everyone else and stands up with a long laundry list of everything the other party ever did wrong in their lives. What courts care about is which of those things can be reasonably determined or proven by evidence or action. For example, the court will look at you in shock and amazement if you walk in and try to sell the idea that the grandmother wanted to have you and your son killed, and you haven't gone to police about that threat. the court isn't going to consider it - because if your reaction to that threat was to not contact police, the court isn't going to believe that YOU felt it was a credible threat.

    The other issue here is that we're talking about the child's grandmother - not about the mother who has been deported. The court isn't going to hold grandma responsible for the mother's actions or judge her fitness to be around the child based on somone else's actions. Your request for the court to deny visitation to a grandparent who has already established a relationship with the child, needs to center around what detremental or potentially negative or dangerous factors you can DOCUMENT to the court as reason why her request for visitation should be denied (and you should know that rather than total denial, the court is more likely to order that visitation be granted, but that it be supervised, at least for a period of time).

    The what to do is this: get an attorney. This isn't a do it yourself project. Provide your attorney with DOCUMENTATION in any form you've got that can substantiate to the court the claims you're making and let your attorney argue those points to the court.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Grandparents Rights in New York

    First, do not agree to anything - you may be ordered into mediation at the hearing and if this happens, stay firm. No.

    (There is a good reason for this - because once you agree to grandma having visitation, it becomes infinitely more difficult to have that changed in the future).

    Because you're dead against this though you may want to at least have an initial consult with an attorney, because you want to make sure you have those ducks in a row.

    I cannot emphasize this part enough - if you're ordered to mediation, I strongly suggest you do NOT agree to ANY visitation. Make grandma convince the judge. Stand your ground.

    And good luck.

    Quote Quoting aardvarc
    View Post
    First, courts understand how completely off the wall accusations of wrong doing can get when children are involved. Everyone points fingers at everyone else and stands up with a long laundry list of everything the other party ever did wrong in their lives. What courts care about is which of those things can be reasonably determined or proven by evidence or action. For example, the court will look at you in shock and amazement if you walk in and try to sell the idea that the grandmother wanted to have you and your son killed, and you haven't gone to police about that threat. the court isn't going to consider it - because if your reaction to that threat was to not contact police, the court isn't going to believe that YOU felt it was a credible threat.

    The other issue here is that we're talking about the child's grandmother - not about the mother who has been deported. The court isn't going to hold grandma responsible for the mother's actions or judge her fitness to be around the child based on somone else's actions. Your request for the court to deny visitation to a grandparent who has already established a relationship with the child, needs to center around what detremental or potentially negative or dangerous factors you can DOCUMENT to the court as reason why her request for visitation should be denied (and you should know that rather than total denial, the court is more likely to order that visitation be granted, but that it be supervised, at least for a period of time).

    The what to do is this: get an attorney. This isn't a do it yourself project. Provide your attorney with DOCUMENTATION in any form you've got that can substantiate to the court the claims you're making and let your attorney argue those points to the court.

    I'm not convinced grandma does have enough of an established relationship with the child - further, the child only 16 months old. I honestly do NOT think grandma has a chance in hades, but I know that (specially in NY...) gp visitation is sometimes ordered.

    I wholeheartedly agree that an attorney is the best idea though.

    (I edited because I misread...sorry, both!)

    1. Sponsored Links
       

Similar Threads

  1. Grandparents and Third Parties: Grandparents Rights in New York
    By tklahn79 in forum Child Custody, Support and Visitation
    Replies: 6
    Last Post: 08-18-2014, 06:19 PM
  2. Grandparents and Third Parties: Grandparents Rights Law in New York
    By Addyvega69 in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 06-03-2012, 12:05 AM
  3. Grandparents and Third Parties: Grandparents Rights in New York State
    By kayla200614895 in forum Child Custody, Support and Visitation
    Replies: 16
    Last Post: 03-16-2009, 05:07 AM
  4. Grandparents and Third Parties: Grandparents Rights During Paternity Proceedings
    By timsgirl in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 04-29-2008, 08:55 PM
  5. Grandparents and Third Parties: Grandparents Custody and Visitation Rights in New York
    By Jesort415 in forum Child Custody, Support and Visitation
    Replies: 28
    Last Post: 11-26-2007, 08:30 AM
 
 
Sponsored Links

Legal Help, Information and Resources