You are a grandparent and love and cherish your time with your grandchildren. Unfortunately, now your relationship with your child is strained and you are prevented from visiting them. You desire to know if you have a legal right to continue the relationship with your grandchildren.
Domestic Relations Law §72(1) states that if 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 may apply to the Supreme or Family Court. After notice to the parent or any other person having the care, custody, and control of such child, the Court, by order may make such directions as the best interest of the child may require, for visitation rights for such grandparent.
In other words, when a Court is faced with a request from a grandparent requesting visitation, the first question asked is if that grandparent has “standing” to seek judicial intervention. The reason is that there is no automatic right for a grandparent to visit with their grandchild. For a grandparent to have standing the Court must find that one of two things exist. First, is if one of the two parents has passed away. The other is a more of a standing “catch all” which provides that equitable circumstances would dictate that the grandparent should at least be heard by the Court.
In the circumstance where both parents are alive, the grandparent will have a harder time establishing standing as now the grandparent needs to demonstrate that equity or fairness dictate that they be heard in Court.
What does a grandparent need to demonstrate to be heard by the Court? Their best argument is to let the Court know that there is a long and close bond with the grandchild. The fact that there is now an acrimonious relationship with the parent or parents is not enough to deny visitation with a grandchild who has had a long standing relationship with the grandparent as it will not be in the child’s best interest. The key component is if a loving close relationship existed between a grandparent and the grandchild before the visitation was denied. You must know that even if you are able to establish standing, a grandparent normally has a high hurdle to overcome in forcing visitation. The parental right to make decisions is paramount to raising children and will not be lightly disregarded. Still, the concern of a Court is the best interest of the child as children cannot protect themselves.
Therefore, you need to establish that it is in your grandchild’s best interest to maintain the relationship to be heard by the Court.
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