In New York, grandparents may have visitation rights with their grandchildren under certain circumstances. If the legal criteria can be established, grandparents can pursue a court order to guarantee that they have visitation time with their grandchildren. In order to receive grandparent visitation rights, the grandparents must be able to prove certain legal elements. NYC grandparents rights lawyers Can represent grandparents to help them pursue a court order for visitation rights.
What must a grandparent show to receive visitation rights?
Grandparents pursuing visitation rights in New York may obtain these rights if they can show:
-That one or both parents of the children are deceased,
-The grandparent has a substantial existing relationship with the children, or
-The parents of the children have interfered with the grandparent’s ability and efforts to maintain a relationship with the grandchildren
Ultimately, the court is required to do what is in the best interest of the children. In assessing whether grandparent visitation is in the best interest of the children, the court will consider several factors, such as:
-The wishes of the children
-The history of the relationship between the children and grandparents
-The character of the parties involved
-The child’s age and circumstances
-The distance between the child and grandparents
-The physical and mental health of the persons involved
-The interrelationship of the grandparents and parents
-Any other factor relevant under the circumstances
In a grandparent visitation case, the grandparent has the burden of proof. This means that the grandparents must present sufficient evidence for the court to make the necessary findings to award the requested visitation. If this information cannot be provided, the then the court will deny the request.
The court gives great deference to the decisions made by a fit parent. Therefore, if the parent contests the requested grandparent visitation and shows that their decision to limit the contact is reasonable, then it may be difficult to obtain grandparent visitation rights.
If the aforementioned criteria can be shown, then grandparents may be successful in obtaining court ordered visitation rights with their grandchildren.
What type of evidence can be useful in a grandparent visitation case?
In a grandparent visitation case, any relevant evidence may be considered by the court. The specific evidence to be presented in a case depends on the particular circumstances. In general, following are some examples of evidence that may be useful:
-Testimony from witnesses
-Photographs and video recordings
-Social media posts
-Text messages, emails, letters and other written documents
-Police reports and criminal records
-School performance and attendance records
-Medical records showing issues related to physical and mental health
-Reports from expert witnesses
NYC grandparent rights lawyers can assess a case and help grandparents identify and gather evidence that may be useful for a case. An attorney can also help obtain information that may be held by other persons through the use of subpoenas and other discovery tools.
What is the procedure for obtaining grandparent visitation rights?
To request grandparent visitation rights, a petition must be filed with the court setting forth certain information and making a specific request for visitation rights. This petition is then served upon the parents of the children, who have an opportunity to file a response. If the parties cannot agree on a visitation schedule, then the case will be presented to a judge at a trial. Each party will be given the opportunity to present evidence, cross-examine witnesses, and make argument. At the conclusion of the trial, a judge will make a decision as to whether the grandparent visitation rights will be granted
How can a grandparent visitation lawyer help?
Because grandparent visitation rights are subject to various laws and procedures, it is helpful to have an experienced lawyer who understands the law and knows what needs to be shown to successfully obtain visitation rights. A lawyer will act as an advocate for the grandparent and will strive to obtain the requested visitation.
A lawyer will also provide legal counsel to the grandparents to help them understand the process And make informed decisions. They will represent the grandparents in court, file the necessary documents with the court, call and cross-examine witnesses, and make legal argument on your behalf.
If you are a grandparent who has children in New York and need to obtain formal visitation rights, then you should contact NYC grandparent visitation lawyers to seek legal representation or have your questions answered. Call today to schedule a consultation and to learn more about your rights