Grandparents’ Rights in New York: Legal Options for Visitation and Custody

Written by Yonatan Levoritz on December 28, 2024

Grandparents may seek court-ordered visitation with their grandchildren, but grandparents’ rights in NY are not automatic. To obtain visitation, they must demonstrate that a meaningful bond exists, and that ongoing contact supports the child’s best interests. Courts often review petitions when one or both parents have passed away or when extraordinary circumstances, such as family conflict, neglect, or disruption, require judicial involvement. These cases are never simple—judges carefully balance parental rights with the child’s emotional well-being. Because of this balancing act, grandparents face unique legal and emotional challenges when asserting their role. At The Levoritz Law Firm, we help families navigate these cases with strategy, clarity, and dedication.

Do Grandparents Have Visitation Rights in New York?

Grandparents in New York do not have an automatic right to visit their grandchildren. Instead, the law provides a framework through which they may petition the court. New York Domestic Relations Law Section 72 (DRL §72) outlines the circumstances that allow grandparents to seek visitation, including when one or both parents have died or when “equitable circumstances” make court involvement necessary. Recent family court data highlights how difficult these cases can be—studies in New York City and Westchester found that only about 50% of visitation petitions were granted, with custody rulings even lower at roughly 33%. These figures show the high level of scrutiny judges apply when weighing visitation requests, especially those brought by grandparents.

When Can Grandparents Seek Visitation or Custody?

In New York, grandparents do not have automatic rights to visitation or custody, but they may petition the court if they can establish legal “standing” under New York Domestic Relations Law Section 72 (DRL §72). Standing arises in limited situations, including:

• One or both parents are deceased: Courts recognize the value of maintaining family ties after a loss.
• Denial of visitation without justification: If a parent blocks access in a way the court considers unreasonable, intervention may follow.
• Extraordinary circumstances: This covers more serious issues, such as Long-term estrangement despite a strong prior relationship. A parent is deemed unfit due to abuse, neglect, abandonment, or substance addiction. A grandparent serving as a consistent caregiver for an extended period.

The concept of extraordinary circumstances sets a high legal threshold, ensuring courts intervene only when necessary. Even if grandparents establish standing, judges must still decide whether visitation or custody serves the child’s best interests, which always remains the court’s guiding standard.

How Courts Determine the Best Interests of the Child

The New York State Unified Court System apply the “best interests of the child” standard when deciding whether to grant grandparents visitation or custody. While parents’ rights are primary, they can be overridden when evidence shows that court intervention better serves the child’s welfare. Judges carefully weigh several factors:

• Child’s age and preferences. An older child may express a view that judges will consider.
• The emotional bond and history of care provided by the grandparent.
• Stability of the grandparent’s home. A safe, consistent environment counts heavily.
• Parental objections. Judges weigh the reasons a parent might oppose visitation.
• Any history of abuse, neglect, substance use, or domestic violence.

For example, courts have upheld visitation where a grandparent provided daily caregiving, ensuring stability after a parent’s death. Ultimately, judges balance preserving parental authority with protecting the child’s emotional and developmental needs.

Steps to File for Grandparents’ Rights in New York

The process of pursuing grandparents’ rights in New York requires careful preparation, attention to detail, and strict adherence to court procedures. Here is how the process generally works:

1. File a petition in Family Court under DRL §72, stating the specific grounds for visitation or custody.
2. Establish standing by showing either the loss of a parent or extraordinary circumstances that justify court involvement.
3. Demonstrate the child’s best interests, often through testimony, records, school reports, or other evidence showing your consistent role in the child’s life.
4. Court appearances. Judges will hear from both sides, and parents often contest the request.
5. An order is issued. If granted, the court specifies when and how visitation will occur or outlines custody terms.

Because resistance is common, it is essential to anticipate arguments from the parents and prepare responses backed by credible evidence. A well-documented case helps the court see the whole picture.

Can Grandparents Get Custody in New York?

While possible, custody awards to grandparents in New York are relatively rare and only granted under exceptional circumstances. Courts may consider custody if there is clear evidence of parental abandonment, abuse, or neglect, or when a parent is incarcerated or struggling with severe addiction. In these situations, grandparents may step in through kinship care, a legal arrangement where relatives assume primary responsibility for raising a child. Unlike visitation cases, the legal standards for custody are stricter, requiring proof of extraordinary circumstances and a showing that placement with grandparents serves the child’s best interests. Custody is reserved for situations where parental care is unsafe or unavailable.

Can Grandparents’ Rights Be Resolved Without Going to Court?

Not every case involving grandparents requires litigation. Many families resolve disputes through voluntary agreements between parents and grandparents, setting clear expectations for visits and involvement. Another effective approach is mediation, where a neutral professional helps the parties reach a cooperative solution without court intervention. Families may also create private visitation schedules, similar to parenting plans, that outline regular times, holidays, or special occasions.

Regardless of the method, it is critical to put these agreements in writing. A written arrangement reduces misunderstandings and can be submitted for court approval, making it enforceable. Courts generally favor cooperative resolutions, provided the agreement supports the child’s best interests and ensures stability.

Need Help With Grandparents’ Rights? Contact a New York Child Custody Lawyer Today

At The Levoritz Law Firm, we understand how vital the grandparent-grandchild bond is and how challenging it can be to protect it. Cases involving grandparents’ rights in NY are often complex and emotionally charged, but our team is committed to guiding you with clarity and determination. We will help you explore your legal options, whether you pursue visitation or custody. Call us today at (718) 942-4004 to schedule a consultation.