New York Family Law Blog
A New York Family Lawyer said a grandmother seeks to obtain visitation privileges with her grandson. The child was born and resided with the complainant, his maternal grandmother, for five years. The child’s father is in prison, and his mother, who was addicted to drugs, already died.
Previously, a dispute arose between the complainant, as maternal grandmother, and the paternal grandmother, concerning custody of the child. However, the Supreme Court gave the child custody to his paternal aunt and granted both the maternal and paternal grandparents for limited visitation rights.
The paternal aunt subsequently initiated an adoption proceeding in the family court. As a result, they became the adoptive parents of the child.
A New York Divorce Lawyer said the questions presented by the complainant are whether or not the order of adoption outdated the prior order of the Supreme Court setting forth visitation rights to the maternal grandmother, and whether the law entitles the complainant as maternal grandmother to rights of visitation.
A Suffolk County Family Lawyer said sources revealed that adoption by its nature is a proceeding which seeks to establish permanent, as distinguished from temporary, relationships. The many safeguards surrounding adoption proceedings are evidence of the permanency which the proceedings envision. Moreover, it would appear that the court had complete jurisdiction of the adoption proceeding and that it obtained the consents of all those persons as a condition precedent to adoption.
The court then stated that it may well be that the paternal aunt and her husband, may feel that it might be in the best interests of the child to maintain some contact with his maternal grandmother through periods of visitation. As adoptive parents, however, it is exclusively within there own good judgment. Consequently, the appeal has been dismissed.
In a related proceedings, a father appeals from an order, without a hearing, that denied his request to modify a prior order of visitation, and granted the application of the attorney of the child to modify the prior order so as to limit the father’s parenting time to brief visits with the child at public places.
A Westchester County Family Lawyer said the father filed a petition to modify a prior order of visitation. In opposing the father’s request, the attorney of the child, based on the father’s submissions, requested that the court limit the father’s parenting time to periods of short duration and in a specific location.
Consequently, in an order, the family court, without a hearing, denied the father’s petition and granted the application of the attorney for the child to modify the prior order of visitation, so as to limit the father’s parenting time to brief visits at public places. The father then filed an appeal.
Contrary to the father’s contention, the court stated that they had the authority to grant the relief requested by the attorney of the child in her opposition to his petition.
However, under the circumstances of the case, the court erred by denying the father’s petition and granting the application of the attorney for the child without conducting a full evidentiary hearing. Based on records, generally, visitation should be determined after a full evidentiary hearing to determine the best interests of the child.
As a result, the court ordered that the order, is reversed, on the law and the facts, without costs or disbursements, and the matter is remitted to the court, for a hearing on the father’s request and the application of the attorney, including an in camera interview with the child, before a different judge, and thereafter a new determination of the petition and the application.
It is also ordered that pending the hearing and determination of the petition and the application, the visitation order as set forth shall remain in effect.
If misfortune happens to the parent, grandparents are the first person who wants to take care of their grandchildren because of the emotional attachment they have. They are also the first who wants to obtain the custody of the children if need be. If you are in the same situation, you can seek assistance from the Nassau County Family Lawyer or Nassau County Child Custody Lawyers. However, if you want to maintain your visitation privileges, you can hire the Nassau County Visitation Attorney at Stephen Bilkis and Associates to provide you with the legal assistance you need.