Grandparent’s Rights to Child Visitation in Nassau County & Suffolk County Court

Long Island NY Courts Can Give Grandparents Visitation Rights

The United States Supreme Court has declared that grandparents do not have an automatic right to visit their grandchildren. However, it does leave room for states to consider the impact of the decision by the parents to remove the grandparents from the life of the child and whether or not it’s in the child’s best interest. This type of situation is very emotional to both the child and the grandparents. There are many situations where the grandparents could have been, at some point, the caretakers of the child. In that situation, the Grandparents could potentially make a case to see the children on a more regular basis through Child Visitation rights, or something to that effect.

Courts Reluctant to Intrude in Parents’ Rights

In general, the courts are reluctant to intrude on a parent’s right to raise their children without state interference. However, in New York State, Grandparents can attempt to obtain visitation rights or custody under NY DRL § 72. Under this statute, if the Grandparents can show the existence of extraordinary circumstances, they can commence a special proceeding for a Writ of Habeas Corpus to have the child brought before the court. In this situation, grandparents can try to show the courts that if extenuating circumstances occur, it would be in the best interests of the child for the grandparents to have Visitation rights, and in extreme circumstances, Child Custody. The statute also allows for the parties to enter into a consensual Child Custody agreement if the existence of extraordinary circumstances does not exist.

Questions About Child Custody and Visitation on Long Island?

To learn more about what you need to know about Child Custody on Long Island, visit this page on Child Custody or contact us at 631-923-1910 for a complimentary consultation.

Questions About Grandparent’s Rights? Contact Us

If you have any questions regarding Grandparent’s Rights in Child Custody or Visitation cases, give us a call at 631-923-1910. The divorce and family law office of Robert E. Hornberger, P.C. will be pleased to offer you a free complimentary consultation to discuss your options. We’re here to help you.

Melissa Rappa

18:09 08 Feb 24

At one of the hardest and most stressful times of my life, it was so comforting to have a team at Hornberger and Verbitsky who ALWAYS responded in record speed to my questions, phone calls, emails or texts and who I felt really cared about helping me through this difficult time. It was a long few years and I am grateful to all of you. Thank you so much Rob, AnneMarie, Christine, Patty, Joan and Lawrence. Your guidance, professionalism and expertise is appreciated beyond measure.

Paul Carmichael

16:21 11 Dec 23

I would give 6 stars if I could. I can't say enough good things about Robert and his firm. We were in a situation for over 2 years and I could have never made it through without Robert's experience and knowledge. He guided me through tough times when needed and his expertise could "read" the situation and make the next best move for me. He was tough when he needed to be tough (thankfully) and at the same time guided me through the process to make me feel comfortable in an uncomfortable situation. I would not want to go through this process without Robert and his team having my back. he helped move the case along and not waste any time or money. One last time, I 100% endorse Robert and his expertise.