There are a number of factors that the court takes into account before granting grandparents visitation rights. Browse through the pages below to get answers to common visitation questions.

What does the court consider when it is asked by the grandparents to allow them to visit their grandchildren?
The court evaluates the following set of criteria when considering grandparents request for visitation of their grandchildren:

  • whether the grandparents have legal standing in their grandchild's case
  • whether it will hear a grandparent's request for visitation
  • whether visits with the grandparent should be given based on what is best for the child

Great grandparents and step grandparents do not have the right to request visits with their grandchildren in New York State.

How can I get permission to visit my grandchildren?
Before a court decides whether you have the right to request visits with your grandchildren, you must show that you have legal standing to request visitation rights.

What is legal standing?
Legal standing is the determination that you have a legal interest to participate in a court proceeding -- it is the right to be heard by the court. In New York State, a grandparent has standing or the right to request visitation of their grandchild when:

  • one or both parents of your grandchildren have died
  • the court decides that it must get involved because of the special circumstances of your grandchild's case

Copyright 1994-2001 – HELP For Grandparent Caregivers

Grandparent Caregiver Law Center of the Brookdale Center on Aging of Hunter College