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New York Attorneys Help Grandparents Win Custody and Visitation Rights

Queens lawyers explain the scope of grandparents’ rights

In the midst of a divorce or a child custody modification, you may wonder about your legal options as a grandparent in New York State. The compassionate attorneys at Sager Gellerman Eisner Attorneys at Law help you secure an important role in your grandchild’s upbringing.

How to ask the court for custody or visitation

Grandparents in New York State do not have an automatic right to custody or visitation by virtue of their biological link with their grandchildren. Grandparents can, however, petition the court to award custody or visitation. Circumstances that may work in your favor include:

  • A present or past custodial situation with your grandchild
  • A demonstrated bond between you and your grandchild
  • Contribution to the child’s basic needs, such as education, or other substantial financial support

A court evaluates any request for a custody modification based on the best interests of the child.

Protecting your grandchildren’s safety

If your grandchild’s present situation poses a danger to his or her safety or well-being, a New York State court may consider placing the child in your temporary custody until the threat subsides. Circumstances that may lead to temporary custodial rights include:

  • Domestic violence
  • Drug use by the parents
  • Child abuse by the parents
  • A generally unsafe living environment with the parents

A court also considers your fitness to assume child custody or visitation rights. It considers your own history, including criminal and abuse history, as well as your physical and mental health. If the parents oppose your request, these issues may be raised at your family court hearing.

The attorneys at Sager Gellerman Eisner Attorneys at Law help you assess your options for pursuing grandparental custody or visitation in New York State. Our lawyers will guide you through the complex family court process, listen to your concerns and answer your questions.

Let our family law attorneys explain your options

We can help you play an important role in your grandchild’s life. You can reach us through our online contact form or call us at 347.625.1038 for a consultation. From our offices in Queens and Forest Hills, we serve clients in Nassau and Queens Counties and the New York City boroughs of Manhattan, Queens and Brooklyn.