Articles Posted in Grandparent’s Rights

Anne MM. v. Vasiliki NN. 2022 N.Y. Slip Op. 2161 (N.Y. Sup. Ct. 2022), involves a question of grandparents rights and the concept of extraordinary circumstances. In the context of a child custody case involving grandparents, “extraordinary circumstances” refers to specific situations or conditions that are deemed exceptional or unusual, warranting the court’s intervention to grant custody or visitation rights to the grandparents over the biological parents. These circumstances must demonstrate that the child’s well-being and best interests are significantly compromised if custody or visitation remains with the parents.

Examples of extraordinary circumstances may include instances of surrender, abandonment, persistent neglect, unfitness, an extended disruption of custody, or other similarly severe conditions. For instance, if a parent engages in gross misconduct or displays behaviors indicating utter indifference or irresponsibility towards the parental role, such as allowing the child to live in squalor, failing to address serious substance abuse or mental health issues, or exhibiting instability in housing or employment, these could constitute extraordinary circumstances.

The court examines the aggregate of behaviors and circumstances to determine if they rise to the level of being extraordinary. It’s not merely about isolated incidents but rather about patterns of behavior or conditions that substantially impact the child’s well-being and development.

Interference with visitation rights in New York is a serious matter that can occur in various family dynamics, not limited to disputes between parents. While it often arises in the context of parental visitation arrangements, where one parent obstructs the other’s court-ordered visitation with their child, it can also extend to situations involving other family members or guardians who have been granted visitation rights by the court.

In cases of parental interference, one parent may intentionally obstruct or prevent the other parent from spending court-ordered time with their child. This interference can take various forms, including refusing to comply with the visitation schedule, making it difficult for the other parent to communicate with the child, or even hiding the child to avoid visitation altogether. Such actions can have detrimental effects on the parent-child relationship and the well-being of the child.

However, interference with visitation rights is not exclusive to parents. In instances where grandparents, stepparents, or other relatives have been granted court-ordered visitation rights, interference may occur when one party attempts to impede or undermine those visitation arrangements. This interference could involve denying access to the child during scheduled visitation times, manipulating the child’s feelings towards the visiting relative, or otherwise obstructing the court-ordered visitation process.

Grandparent rights in New York are statutory and primarily governed by Domestic Relations Law § 72. This law grants grandparents the ability to petition the court for visitation with their grandchildren. However, such petitions are subject to the court’s determination of the child’s best interests. The court considers various factors, including the nature of the relationship between the grandparent and the child, the parents’ objections, and the overall impact on the child’s well-being.

The court’s decision on grandparent visitation is discretionary and aims to strike a balance between maintaining family connections and safeguarding the child’s best interests. Grandparents may seek visitation rights even if the child’s parents oppose, but the court’s decision is based on a thorough evaluation of relevant circumstances. It’s essential for grandparents navigating this legal process to understand that while they have the right to petition for visitation, the court ultimately determines whether such visitation is appropriate, taking into account the specific dynamics of each family and the child’s welfare.

This case involves a paternal grandmother’s petition for visitation rights with her grandchild under Domestic Relations Law § 72. The Family Court, after a hearing, granted limited visitation in the form of weekly video contact for a specified duration. The appeal questions the exercise of discretion by the court in determining the parameters of visitation.

In a case that pits a grandparent against parents, the Kings County Family Court considered whether the grandmother had standing to request visitation with her grandchild.  Contrary to what many believe, under New York law, grandparents do not automatically have the right to have access to their grandchildren.  In fact, there are rules related to when grandparents even have the legal right to petition the court to request visitation.

Grandparents who seek to request visitation must have standing.  Legal standing means that a person seeking redress in court has sufficient connection to and harm from the action challenged. Grandparents do not automatically have standing the way parents do.  Under New York law grandparents have standing to seek visitation only under two conditions.  The first condition is that either or both of the child’s parents must be deceased.  The second condition is that circumstances must warrant equitable intervention of the court.  If standing is established the court must then determine if allowing visitation is in the best interests of the child.  This case only addresses the issue of standing.

In Of v. S.F. both parents of the child are alive and the child resides with them.  If the grandmother has standing, it must be based on equitable circumstances.  The grandmother had a close relationship with the child for several years and was involved in rearing him.  She babysat the child, visited him, played with him, and attended school events for grandparents. However, the parents took issue with how the grandmother treated them in front of the child.  They described her as rude, angry, abusive, and confrontational.  The parents took steps to encourage the grandmother to change her behavior by talking to her, sending her emails, creating rules, and going to therapy.  However, when the grandmother’s behavior did not significantly change, in December 2015 the parents barred the grandmother from further contact with the child unless she complied with their conditions, including participating in therapy. The grandmother did not comply.

Grandparents often feel that they have an absolute right to see their grandchildren, even if the parents of the children do not want the grandparents involved.  While children often benefit from having relationships with their grandparents and other extended family members, grandparents do not automatically have a legal right to do.  Only parents have a legal right to custody of their children.  A parent’s access to their children will only be limited or denied if it is shown to be in the best interests of the children.  Grandparents do not have a similar right.

In Matter of Wilson v. McGlinchey, the New York Court of Appeals considered whether the visitation rights of grandparents should have been terminated.  The mother of the child had been estranged from her parents, the grandparents of the child, well before the child was born.  When the child was 4 months old, the grandparents petitioned Family Court for visitation.  The child’s parents were vehemently against it.  However, the parties eventually reached a visitation agreement such that the grandparents were permitted 8 hours per month with the child. The agreement was incorporated into a Family Court order.

Several months after the order was established, the parents filed a petition with Family Court to terminate visitation between their daughter and the grandparents.  The parents alleged that circumstances had changed such that visitation with the grandparents was no longer in the best interests of the child.  The parents noted that the visitations did not go well, that she had difficulties getting the grandparents to leave after visitation, and that the visitations upset the child.  The Family Court denied the parents’ petition to discontinue the grandparent visitation, and the parents appealed.

In this appeals court case, the court considered whether the Supreme Court properly awarded a grandmother visitation rights with her grandson pursuant to New York Domestic Relations Law § 72(1).

Under New York’s Domestic Relations Law, when a grandparent seeks visitation, the court must first determine whether the grandparent has standing to seek visitation.  In order for the grandparent to have standing, either or both of the child’s parents must be deceased, or the circumstances must warrant equitable intervention of the court.  If standing is established, then it is up to the grandparent to establish why visitation is in the best interests of the child.

The court will look at a number of factors in determining whether grandparent visitation is appropriate.  For example, the court will consider the relationship between the grandparent and the child and will weigh heavily a close relationship.