Do Grandparents have Visitation Rights in NY?

by Fred Clarke on Aug. 23, 2018

Divorce & Family Law Family Law Divorce & Family Law  Child Custody Divorce & Family Law  Divorce 

Summary: Visitation rights for Grandparents is a common question raised in Family Courts today. The good news is that New York is quite flexible when it comes to grandparents’ visitation. Divorce and Family Law Attorney Fred Clarke, Esq. looks at how the Courts deal with this issue.

Visitation rights for Grandparents iis frequently raised in Family Courts today.  The good news is that New York is quite flexible when it comes to grandparents’ visitation.

The law provides for grandparent’s visitation where one or both parents of the grandchild are dead.  Thank goodness that isn’t the only factor. The Court may also intervene where there is inequity; to promote fairness. 

For example, the Court may look to intervene where a grandparent has had a relationship with the child, the relationship has been a positive and bonded one, and now the grandparent is unfairly being prevented from seeing the child. On the other hand, that same Court may deny a grandparent’s petition, if it is found that the grandparent supported or tried to undermine the children’s relationship with their custodial parent.

That’s why you need a Family Court Lawyer to help you work through facts vs the law. The Court will always carefully analyze circumstances of the case and rule in the best interests of the child.  

If you are a grandparent and you are trying to see the grands, give the Law Office of Fred Clarke a call at 845-579-2533 or email me at


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