What visitation rights do grandparents have?
Section 72 of the New York State Domestic Relations Law (DRL) provides that when either or both parents of a minor child residing in New York dies or “… where circumstances show that conditions exist which equity would see fit to intervene…” a grandparent or grandparents can apply to the New York Supreme Court for visitation rights with the child. Section 651 of the Family Court Act (FCA) also permits a grandparent to file a petition in the county Family Court for visitation with a minor child, under the same circumstances as those provided in Section 72 of the DRL. Please note that the law does not provide an absolute right of visitation with a grandchild. It merely provides methods by which a grandparent can make an application for visitation. The court can only order such visitation when it determines that it is in the best interests of the child. Such a determination is made on a case-by-case basis. However, the wishes of the parents must be given deference by the court (Hertz
