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Long Island NY Courts Can Give Grandparents Visitation Rights

Grandparent's Rights in Long Island DivorceThe 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.