Grandparents Visitation Lawyer in Brooklyn, New York
Grandparents may seek visitation of their grandchildren in a range of situations. Perhaps you are a grandparent and your child is getting divorced. You might be wondering how your child’s divorce might impact your ability to visit your grandchildren. In most divorce cases, grandparents are granted visitation with their grandchildren by speaking to the parent who has custody of the children directly. Many grandparents are able to arrange visitation with their grandchildren by working out a visitation schedule with the person who has primary custody of the child. But what happens if you are estranged from the parent who has custody of your grandchild? What happens when the parent with primary custody denies you visitation? Another option is to speak to the parent who has visitation rights to your grandchild. In many cases, grandparents are able to arrange visitation through the parent who also has visitation rights. But, what happens if this is not possible? How can you gain visitation rights to your grandchildren?
There are situations where a grandparent may want to petition the court for visitation rights. For example, sometimes grandparents play a significant parenting role in a child’s life. In other instances, grandparents might be estranged from their children or unable to reach a visitation agreement with the parent who has primary custody of the child. In some cases, grandparents might even seek custody of a grandchild. According to the New York State Unified Court System, the courts will grant visitation to grandparents if it is deemed to be in the best interests of the children.
Have you tried to work out a visitation schedule with the parent who has custody of your grandchild to no avail? Are you concerned that your child’s divorce will impact your ability to visit or see your grandchildren? The Elliot Green Law Offices are grandparents visitation lawyers in Brooklyn, New York who may be able to assist you if you are a grandparent seeking visitation rights.
How Grandparents Can Petition the Court for Visitation in Brooklyn
If you are a grandparent in Brooklyn, New York and are being denied visitation with your grandchildren, you may have certain rights under the law. In order to seek visitation rights with your grandchildren, you have a few options. Your first option is to speak to the parent who currently has custody of your grandchild and request visitation directly with the parent. If the parent refuses you visitation rights, you also have the option of speaking to the other parent who has visitation rights. If both parents are denying you visitation, you may want to speak to the Elliot Green Law Offices, grandparents visitation lawyers in Brooklyn, New York.
Another option you might have is to petition the court for an order of visitation. The petition is filed against the person who has current custody of the child. In many cases, a petition should be seen as a “last resort” option. Why? What the courts decide is in the best interest of the child may not always accord with what the family wants. Families are often able to reach better resolutions when they work together through mediation to find a solution that works.
In many instances, the parent with custody of the child and the grandparents might be able to reach a visitation agreement outside of court, through the assistance of their lawyers or through mediation. With mediation, lawyers can help negotiate a visitation arrangement by helping you understand your rights and legal options under the law, and assisting you with exploring potential solutions to your visitation issue.
However, there are situations where grandparents might be estranged from the person who has custody of the children, or situations where the grandparent may for some reason not be able to negotiate visitation directly with the parent in custody. If this is the case, the grandparent may need to petition the court for visitation. If you are seeking visitation rights for your grandchildren, the Elliot Green Law Offices are grandparents visitation lawyers in Brooklyn, New York who may be able to assist you with negotiating visitation with the parent in custody, or with filing a petition for visitation with the court. If you need to make a petition for visitation with the court, you may need to show how visitation would be in the child’s best interest. The Elliot Green Law Offices may be able to help you present the strongest possible case to the court.
What Is the Child’s Best Interest for Grandparents Visitation?
The child’s best interest standard for grandparents visitation will be slightly different from the standard applied when a grandparent or parent is seeking, say, custody of the child. When deciding on matters of custody, the courts need to look at a range of factors, including stability of the home environment, child care arrangements, physical health of the caretaker, finances, and other factors that could contribute to a stable home environment. However, when deciding whether a child’s right to visit his or her grandparent is in his or her best interests, the courts will need to consider the child’s relationship with the grandparent and whether it is in the child’s best interest to visit with the grandparent. The court may also consider the child’s preference when making a decision about visitation.
When seeking visitation rights as a grandparent, you may need to show the court the role you have played in your grandchild’s life thus far, and show why it is important for your grandchild to continue to have a relationship with you. Generally, the courts tend to favor continuity and stability for children. If you have regularly visited and cared for your grandchildren, the courts may be more likely to grant you visitation rights. The Elliot Green Law Offices are grandparents visitation lawyers in Brooklyn, New York who may be able to assist you with your case if you are seeking visitation of your grandchildren. Contact us today to learn more.