Queens Grandparent’s Rights Lawyer

In Queens, grandparents can seek visitation or custody of their grandchildren under certain conditions. These rights are not automatic. The court considers what is in the best interests of the child. Generally, the best interests of the child is for the child’s parents to have custody. The courts leave it up to the parents to make decisions as to who get to spend time with the child, including whether grandparents have access. However, under certain circumstances, the court will grant grandparents custody or visitation. If you are a grandparent who wishes to pursue visitation or custody, consulting an experienced Queens grandparents' rights lawyer is important to help you navigate the complicated legal process.

Grandparents’ Custody Rights

In rare cases, grandparents may seek custody of their grandchildren. This typically occurs when the parents are deemed unfit to care for the child due to issues such as neglect, abuse, or substance abuse. Custody cases are more complex than visitation cases and require a higher burden of proof.

Under DRL § 72, grandparents must prove that there are extraordinary circumstances that justify taking custody away from the parents. Examples of extraordinary circumstances include:

• Parental abandonment or neglect. Grandparents may be called upon to step in when parents are unable to fulfill their responsibilities due to neglect, abandonment, or other circumstances that threaten the child’s well-being. In some cases, such as where a parent’s actions pose an immediate danger, courts will place the child in the care of grandparents to provide stability. This ensures that the child remains in a supportive, family-oriented environment while legal proceedings or permanency hearings continue. For example, in In re Jayline J., 156 A.D.3d 701 (N.Y. App. Div. 2017), the Queens County Family Court placed a child with her maternal grandparents after determining that the father had neglected the child by subjecting the mother to domestic violence in the child's presence.
• A prolonged separation between the parent and child, during which the grandparent assumed caregiving responsibilities. For example, in Bhanmattie H. v. Roxanne H. (In re Proceeding for Custody and/or Visitation of Minors), 2017 N.Y. Slip Op. 27192 (N.Y. Fam. Ct. 2017), the Queens County Family Court awarded custody of the child, Sydney, to her paternal grandmother over the objection of Sydney’s biological mother. Sydney has lived with the grandmother practically her entire life, providing stability and emotional support. After Sydney's father's death, her mother removed her from the grandmother’s home, but Sydney expressed a strong desire to return to her grandmother. The court found that Sydney was thriving in her grandmother’s care and that her mother had not actively been involved in her life, rarely visiting or contributing financially. The court determined that it was in Sydney’s best interests to remain with her paternal grandmother, considering the totality of circumstances.
• Parental mental illness or substance abuse

A Queens grandparents' rights lawyer can help gather the necessary evidence to demonstrate extraordinary circumstances and represent your interests during custody proceedings.

Factors Considered by the Court

Under DRL § 72(1), grandparents have standing to seek visitation rights in cases where one or both parents have died, or where extraordinary circumstances exist that warrant such involvement. Extraordinary circumstances include parental neglect, abandonment, or substance abuse. When deciding whether to grant visitation or custody to grandparents, the court will prioritize the best interests of the child and consider various factors, including:

• The child’s relationship with the grandparents: A pre-existing relationship between the grandparent and the child may weigh in favor of granting visitation or even custody.
• The parents’ objections: If the parents oppose visitation, the court will consider their reasoning. In other words, if the parents do not want the grandparents to have access to the child, the courts will consider their reasoning. Unless there is a compelling reason for the grandparents to have access, the court often defer to the parents’ judgment. For example, Carter v. Admin. for Children's Servs., 176 A.D.3d 696, 107 N.Y.S.3d 703, 2019 N.Y. Slip Op. 7062 (N.Y. App. Div. 2019), a 7-month old baby was taken from the mother by Administration for Children's Services (ACS) due to her arrest. The child was placed in foster care. The maternal grandparents sought custody of their grandchild. However, instead of agreeing to the grandparents getting custody of the child, the mother agreed to surrender her parental rights on the condition that the foster parents selected by ACS adopt the child. Queens County Family Court Judge Diane Costanzo dismissed the grandparents’ custody petition, noting that non-parent relatives do not have priority over adoptive parents selected by an agency. In this case the mother effectively objected to her parents having access to the child by surrendering him only on the condition that he remain with the foster parents.
• The child’s needs: The court will assess whether contact with the grandparent would benefit the child’s emotional, mental, and physical well-being.
• The stability of the home environment: For custody cases, the court will look at the stability and suitability of the grandparent’s home.
• The child’s wishes: The court will take into consider the child’s wishes if they are old enough to express a preference.

To initiate a visitation request, grandparents must file a petition with the Queens County Family Court:

Queens County Family Court
151-20 Jamaica Avenue
Jamaica, NY 11432
Phone: (718) 298-0197

The process involves submitting a petition outlining the reasons for seeking visitation. Grandparents must provide evidence supporting their claim, such as proof of a strong existing relationship or documentation of extraordinary circumstances. An experienced Queens grandparents' rights lawyer can help ensure that the petition is properly filed and that your arguments are clearly presented to the court.

Modifying Visitation or Custody Orders

In some cases, a grandparent may wish to modify an existing visitation or custody order. To do so, they must demonstrate a significant change in circumstances. Some reasons for modifying an order include:

• The child’s needs have changed
• The custodial parent has relocated, impacting the visitation schedule
• New evidence of parental unfitness has come to light

Modifying an order requires filing a petition with the Queens County Family Court, presenting evidence of the change in circumstances, and showing that the modification is in the child’s best interests. A Queens grandparents' rights lawyer can help you navigate this process and ensure that your petition is properly filed.

Enforcement of Visitation or Custody Orders

If a parent fails to comply with a court-ordered visitation or custody arrangement, grandparents can seek enforcement through the Queens County Family Court. The court has the authority to hold the non-compliant party in contempt, impose fines, or modify the custody or visitation order.

To enforce an order, grandparents must file a petition with the court, detailing the violations and requesting enforcement. An experienced grandparents' rights attorney serving Queens can assist with the enforcement process and advocate on your behalf.

Contact Stephen Bilkis & Associates

Grandparents in Queens have the right to seek visitation or custody of their grandchildren under certain conditions, but these rights are not automatic. Courts carefully weigh the best interests of the child when considering whether to grant visitation or custody, and grandparents must provide compelling reasons for their involvement. If you are a grandparent seeking visitation or custody, it is important to understand the legal framework and the factors the court will consider. Consulting an experienced grandparents' rights attorney serving Queens can provide you with the guidance you need to navigate this complex area of law. With the right legal representation, you can advocate for your rights and the well-being of your grandchild. Contact Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no-obligation consultation regarding your grandparent’s rights case.

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