Establishing Grandparent Rights

Long Island Family Law Attorneys

New York recognizes the grandparents often play a crucial role in the lives of children due to the love, support, nurture, and stability they provide. For this reason, the state often grants grandparents visitation rights to those with a preexisting bond with a child. In other cases, grandparents can be granted custody. In such cases, the child’s parents must first be proven negligent, incapable of providing adequate care, or unfit.

Grandparent Rights and Child Custody

If the court feels that a child's parents are incapable of providing adequate care or that they are negligent or unfit, the court may award custody to the child's grandparents. As with all child custody cases, the court will take into consideration the best interests of the child. The court will also review several factors before awarding a grandparent custody. These factors may include:

  • The child's age, health, preference (after a certain age), and current way of life
  • The grandparent's health, lifestyle, finances, and ability to provide for the child's needs
  • The emotional bond between the child and the grandparent

After carefully reviewing these factors, the court may decide to grant the grandparent custody.

Contact a Long Island grandparents' rights attorney at our firm to learn more about your rights and legal options as a grandparent. We offer free case evaluations to all prospective clients.