How does grandparent custody work in New York?
The relationship between grandparents and their grandchildren has become increasingly complex over the past 15 years. A 1990 Time Magazine article reports that 3 million children live with their grandparents, this is an increase of 50% since 1980. Many grandparents are raising their grandchildren today in informal custody arrangements. Often grandparents find that they need or want a legal order of custody of their minor grandchildren, and they must go to court. In New York State, there are certain requirements, which must be met in order to obtain an order of legal custody. In general terms, the natural parent of the child has a superior right to raise the child over any other non-parent (including grandparents) unless extraordinary circumstances can be shown. Extraordinary circumstances are: surrender of the child, abandonment of the child, persistent neglect, unfitness of the parent, or other like circumstances. The test of extraordinary circumstances must be met before the court wi
Related Questions
- Does my being a grandparent or close relative give me the legal right to file suit for possession, access, or custody of grandchildren or other children that I am related to?
- Distinct from partial custody or visitation can a grandparent petition for the right to have primary physical or legal custody of a child?
- How Does a Father Gain Custody of His Children According to New York Law?
