As a grandparent, having a close, healthy relationship with your grandchildren allows you to partake in their growth and development. However, adverse circumstances and conflicts with the children’s parents can strain this relationship, requiring the help of a lawyer to take legal action. If you’ve been shut out of the lives of your grandchildren, here’s what you can do.

How Do Grandparents Get Visitation Rights?

In many states, including New York, grandparents have the legal right to visit their grandchildren. The court will only grant visitation rights to grandparents under certain circumstances.

When requesting visitation rights, the burden of proof is on the grandparent. You have to provide evidence that proposed court-ordered visits will benefit your grandchild. When one or both parents die, you already have legal grounds to visit. However, it’s different if the parents are alive. You have to show proof of your existing relationship with the child or efforts by the parent to prevent you from spending time with them.

If the court finds that it’s in the child’s best interest to continue seeing their grandparents, they’ll award visitation rights. Again, there are still many factors to consider in the decision, including your relationship with the parents.

If the court detects animosity or determines that you are meddling with the parents’ care and control over the child, your request may be denied. Consult with a lawyer before filing a petition for the proposed schedule of visits.  

When Can You File for Custody?

As a grandparent, you have the right to seek custody of your grandchild. You might receive temporary or permanent custodial rights if the parents abandon, neglect, or abuse their children.

It is in the child’s best interest to have family care for them instead of a non-relative under the foster care system. Before going to court, seek the opinion of a lawyer to help you navigate the process.

Understand more about your rights as a grandparent by consulting with a seasoned lawyer such as Cheryl A Beverson, Attorney At Law in Middletown, NY. Her in-depth knowledge of family law has helped clients throughout the Hudson Valley region achieve the most favorable outcomes. Get in touch at (845) 341-0008 for appointment schedule or leave a message on the website.