How does grandparent visitation work in New York?
Often, grandparents are involved with caring for their grandchildren. Sometimes conflicts develop between grandparents and their children, and grandparents must seek court intervention to assert their rights to visit their grandchild. Grandparents have visitation rights in every state, although the laws vary in each state. In New York State, pursuant to Section 72 of the Domestic Relations Law, grandparents have the right to seek visitation rights, in the case of divorce, death of either of the childs parents, or “where circumstances show that conditions exist which equity would see fit to intervene.” Some of those equitable circumstances include: The nature and basis of the parents objection to the visitation and the nature and extent of the grandparent – grandchild relationship. In all grandparental visitation matters, a two-step test is involved. One, to determine if there is standing to seek visitation, and two, if standing exists, whether it is in the best interests of the child t