Grandparent's Rights

Published on: April 3, 2025

Grandmother’s Right to Seek Custody in New York

by Stephen Bilkis

In New York, custody disputes between parents and nonparents—such as grandparents—are common but complex. A parent generally has the superior right to custody of their child, but nonparents, like grandparents, may still petition for custody if they can demonstrate that extraordinary circumstances exist. These circumstances might include abandonment, the unfitness of the parent, or other situations where it is in the child’s best interest to be placed with someone other than the biological parent. New York’s Family Court Act and case law, including decisions like Matter of Bennett v. Jeffreys, 40 N.Y.2d 543 (1976) and Matter of Suárez v. Williams, 26 N.Y.3d 440 (2015), allow courts to evaluate the child’s best interests in these situations, even when parents are not unfit.

In the case of a grandmother seeking custody, there are several important factors to consider, including the child’s age, the nature of the parent’s involvement, and the best interests of the child.

Case of Rose

Published on: March 24, 2025

Paternal Grandmother Granted Custody After Mother’s Long Absence. Matter of Bhanmattie H. v. Roxanne H., 2017 NY Slip Op 27192

by Stephen Bilkis

In New York, courts decide child custody cases based on what is in the best interests of the child. When a non-parent seeks custody, the court must first decide if that person has legal standing. If standing is found, the court then considers many factors, including the child’s past and present care, the fitness of each party, and the strength of their relationships with the child. In Matter of Bhanmattie H. v. Roxanne H., the Family Court considered whether a grandmother who had cared for a child most of her life should receive custody after the child’s father passed away and the mother regained physical possession of the child.

Background Facts
Sydney, the child at the center of the case, lived in her paternal grandparents’ home from the time she was an infant. Although both parents initially lived there, the mother moved out when Sydney was very young. She briefly took Sydney with her but returned her to the father within two weeks. Sydney then continued living with her father and paternal grandmother.

When the parents divorced in 2011, the mother agreed to give the father primary residential custody. She rarely exercised her visitation rights and provided little to no financial support for Sydney.

Published on: October 21, 2024

In the absence of extraordinary circumstances, grandmother was denied custody. Linda UU. v. Dana VV. 212 A.D.3d 906 (N.Y. App. Div. 2023)

by Stephen Bilkis

In Linda UU. v. Dana VV. 212 A.D.3d 906 (N.Y. App. Div. 2023), the Family Court of Schenectady County dealt with a custody dispute involving a grandmother’s right to custody against the child’s mother. In New York, courts generally uphold the principle that a parent’s right to custody of their children is paramount. However, under certain exceptional circumstances, the court may consider granting custody to a grandparent. These “extraordinary circumstances” include situations where there has been a prolonged disruption of custody, the parent has abandoned the child, shown persistent neglect, unfitness, or other factors that significantly impact the child’s well-being.

For instance, if a parent voluntarily relinquishes care and control of the child to a grandparent for an extended period, typically 24 continuous months, this can constitute an extended disruption of custody that might justify granting the grandparent custody. Additionally, if a parent persistently neglects the child by failing to maintain substantial, repeated, and continuous contact or fails to plan for the child’s future, these behaviors can also be viewed as extraordinary circumstances.

Background Facts

Published on: September 18, 2024

Does a grandmother have standing to seek visitation? Noguera v. Busto, 189 A.D.3d 1050 (N.Y. App. Div. 2020)

by Stephen Bilkis

Noguera v. Busto, 189 A.D.3d 1050 (N.Y. App. Div. 2020) centered around a maternal grandmother’s right to visitation with her grandchild, which was initially denied by the Family Court. In New York, grandparents may seek visitation rights if one or both parents are deceased, or if conditions warrant equitable intervention. The court must first determine standing based on these circumstances and then assess if visitation serves the child’s best interests, considering the existing relationship’s quality and duration.

Background Facts

The case involved a maternal grandmother who sought legal visitation rights to her grandchild, following a complex familial situation that crossed international borders. The child, born in 2009, was initially involved in custody proceedings between his parents. In 2012, during these proceedings, the mother unlawfully took the child from the United States to Argentina, without the consent of the father. This act triggered a lengthy and intense search involving multiple law enforcement agencies, including the police, the FBI, and the U.S. Department of State. In 2018, their efforts resulted in the successful return of the child to the father in the United States.

Published on: July 22, 2024

Appellate Division considered whether extraodinary circumstances existed warranting custody by grandparents. Anne MM. v. Vasiliki NN. 2022 N.Y. Slip Op. 2161 (N.Y. Sup. Ct. 2022)

by Stephen Bilkis

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.

Published on: June 12, 2024

Interference with grandparent visitation rights. Shimunov v. Davydov 179 A.D.3d 812 (N.Y. App. Div. 2020)

by Stephen Bilkis

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.

Published on: April 3, 2024

Court considered whether to change the goal for placement of the child from adoption to guardianship. Rebecca B. v. Michael B. 152 A.D.3d 675 (N.Y. App. Div. 2017)

by Stephen Bilkis

In New York Family Court, a permanency hearing is a legal proceeding designed to determine the long-term plan for children who have been removed from their homes due to abuse, neglect, or other circumstances endangering their well-being. These hearings aim to establish a stable and secure environment for the children involved.

During a permanency hearing, the court reviews the progress and circumstances of the child, the child’s family, and any involved agencies since the child’s placement into foster care. It evaluates various factors, including the child’s safety, well-being, and the efforts made towards family reunification or alternative permanency goals, such as adoption or guardianship.

The hearing allows all parties, including the child’s biological parents, foster parents, legal guardians, and representatives from child welfare agencies, to present evidence, testimony, and recommendations regarding the child’s future placement and care. The court considers the child’s best interests as paramount in making its decision.

Published on: February 5, 2024

Court denied grandmother visitation because she lacked relationship with the child. E.O. v. J.K., 2023 N.Y. Slip Op. 50101 (N.Y. Fam. Ct. 2023)

by Stephen Bilkis

In the case of In re Danna T., the Suffolk County Family Court deliberated over a petition filed by E.O., the maternal grandmother of G.D., seeking visitation rights. The petition stemmed from E.O.’s desire to reconnect with her granddaughter, G.D., who she had not seen in several years. The court proceedings, which spanned multiple days, involved testimonies from both E.O. and the child’s mother, J.K.

Background Facts

E.O. filed the petition in February 2022, citing her standing as the grandmother of G.D. due to the death of the child’s father. The court heard conflicting testimonies regarding the nature of E.O.’s relationship with G.D. and the circumstances surrounding her absence from the child’s life. E.O. alleged that G.D.’s mother, J.K., had cut off contact between them, while J.K. argued that E.O. had made minimal effort to maintain a relationship with the child.

Published on: January 8, 2024

In a grandparents’ visitation case, the court removed the limitation on the duration of weekly video contact. Garcia v. Santana, 171 A.D.3d 1058 (N.Y. App. Div. 2019)

by Stephen Bilkis

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.

Published on: February 17, 2020

Grandmother Who Established Loving Relationship with Grandchild Has Standing to Bring Petition for Visitation- Of v. S.F., 61 Misc.3d 959 (N.Y. Cty. Ct. 2018)

by Stephen Bilkis

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.