In New York State, grandparents seeking custody of their grandchildren face significant legal challenges. Unless their request is unopposed, it is extremely rare for a grandparent to succeed without the aid of an attorney. To obtain custody the grandparent must demonstrate that "extraordinary circumstances" exist with respect to each of the parents (or have the parent’s consent). This crucial requirement can be met through various situations, such as parental abandonment, persistent neglect, or unfitness. Another common scenario is an extended disruption of parental custody, typically lasting 24 months or more. The court may also consider other extraordinary situations that substantially impact the child's welfare.
Once extraordinary circumstances are established, the focus shifts to the best interests of the child. New York courts carefully weigh multiple factors in this determination. In addition to all the normal factors considered in a custody case, the court may examine the duration and quality of the relationship between the grandparent and grandchild, assessing how strong and nurturing this bond has been. The grandparent's capacity to meet the child's physical, emotional, and educational needs is thoroughly evaluated.
The child's preferences may also play a role, provided they are old enough to express a meaningful opinion. However, the court balances this against other factors, recognizing that a child's wishes are just one piece of the puzzle. Simultaneously, the parents' viewpoint and their reasons for opposing grandparent custody are taken into account, as parental rights are constitutionally protected.
In New York State grandparents may initiate a custody case in either Family Court or Supreme Court, but Family Court is far more common. In some counties, judges may order a home study. This assessment provides valuable insights into the grandparent's living situation, financial stability, and overall ability to provide a safe and nurturing environment for the child.
It's crucial to understand that New York State courts have a strong presumption in favor of parental custody. This means grandparents face a high burden of proof when seeking custody. They must clearly demonstrate why deviating from the norm of parental custody is necessary and beneficial for the child.
In cases where full custody might not be granted and grandparent visitation is being denied, a grandparent may wish to consider the possibility of filing a visitation petition to allow them to maintain a relationship with their grandchild.
Given the complexity of these cases and the nuanced application of New York law, grandparents considering seeking custody are strongly advised to consult with a family law attorney experienced in grandparent rights cases. These legal professionals, such as myself, can provide tailored advice, help navigate the court system, and work to present the strongest possible case for grandparent custody.
If you are interested in scheduling a consultation to discuss a grandparent's rights in NY, please request a consultation here.