As divorces and other issues have come up with families in recent years, grandparents have taken on an important role in the lives of children. However, if a divorce or family dispute happens, many grandparents find themselves on the outside looking in, unable to visit their grandchildren as much as they wish or maybe not at all. And to make these situations more complicated, most grandparents are not automatically granted visitation rights in divorce proceedings or other cases, since courts assume parents will naturally let the child’s grandparents be part of their lives. But when this is not the case, grandparents do have the option of hiring an attorney who specializes in helping grandparents gain visitation rights to their grandchildren.
According to the New York Unified Court System, grandparents must have proper legal standing to request visitation rights. To do so, the court must determine the grandparents have a legal interest that allows them to participate in a court hearing. In New York State, grandparents are considered to have legal standing to request visitation if one or both parents of the grandchildren have died, or if there are special circumstances that convince the court it must get involved in the case. However, it’s important to remember that great-grandparents as well as step-grandparents do not have the right to request visitation rights with their grandchildren. For additional information about legal standing and other related issues, visit Your text to link….
Best Interests of the Child
Needless to say, any decision made by the court is always based on what is in the best interests of the child. For example, if not being able to see their grandparents is causing tremendous emotional stress for the child, the court may determine it will be in the best interests of the child to have visits with the grandparents. And along with this, the court may also determine that the grandparents may be able to provide certain needs that a parent cannot or will not do for the child. This often occurs if one parent has died or a divorce has occurred, when the court may rule that the child having regular contact with their grandparents will help to improve their physical as well as emotional well-being.
Financial Help from Grandparents
While there is certainly nothing wrong with grandparents helping their grandchildren out financially as much as possible, lawyers who specialize in this area of law often advise them to proceed with caution in this area. In many of these cases where grandparents offer large amounts of money or the promise of an early inheritance to gain visitation with their grandchildren, the courts will often see this as essentially an attempt to bribe the child into seeing them. Instead, it’s better to have proper legal representation, where your attorney can show that you have a good relationship with the child and are simply offering financial help to make the child’s life better.
In situations where a grandparent can be awarded visitation rights but may be too ill to visit the child in person, many New York courts now grant what’s known as virtual visitation. Using video chat as well as other internet communication methods, it’s an option grandparents can use if needed. However, to be granted this special type of visitation, it’s best to have a grandparent’s rights lawyer working for you, since they have expertise in these matters.
Schedule a Consultation
If you are a grandparent and feel as if your visitation is being unjustly limited or excluded altogether, schedule a consultation with an experienced attorney as soon as possible.