Grandparents Seeking Visitation

In the event the children’s parents interfere with or prevent the grandparents from communicating and/or visiting with their grandchildren, the courts in New York provide legal remedies to deal with these situations. The grandparents must bring an application to the Family Court, in the State of New York, pleading it is in the best interest of the children to have access and visitation with their grandparents. In these applications the attorneys must plead the grandparents had previously had warm and loving relationships with the children and enriched the children’s lives. The legal burden is on the grandparents to prove extraordinary circumstances and that the visitation is in the best interest of the children. Upon appearing in court, the courts will look into whether the grandparents can rebut the presumption that the parents’ decision to prevent the grandparents from having visitation or access with the children was appropriate and in the children’s the best interest.

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