In New York, grandparents may have the ability to seek custody of their grandchildren in certain situations. However, these cases are not treated the same as custody disputes between parents. Under New York law, a parent has a superior right to custody of a child, and a grandparent cannot obtain custody simply by showing that they can provide a better home.
Instead, grandparents must first establish that extraordinary circumstances exist before the court will consider whether awarding custody to them is in the child’s best interests. These cases often arise when parents are unable to properly care for their children due to serious issues such as neglect, abuse, incarceration, substance abuse, or prolonged absence.
Because these cases involve both legal and emotional complexities, they can be difficult to navigate. The outcome can have a lasting impact on the child’s future, as well as the rights of both parents and grandparents.
Brooklyn Grandparents’ Custody Lawyer
Are you a grandparent who has been caring for your grandchild and are now seeking custody? Are you a parent facing a custody petition filed by a grandparent? If so, it is important to understand how New York courts approach these cases.
Grandparent custody cases are different from typical custody disputes. You must be prepared to address legal issues such as standing, extraordinary circumstances, and the best interests of the child.
Robert S. Gershon, an experienced Brooklyn family law and child custody lawyer, may be able to help you present your case effectively and protect your rights.
Make sure you have knowledgeable and experienced legal representation on your side. Robert S. Gershon, P.C., Attorney at Law can help protect your legal rights and your relationship with your child or grandchild. Call (718) 625-3977 to speak with Robert Gershon, Brooklyn child custody lawyer, or email robgershon@gmail.com.
Overview of Grandparents’ Custody Rights in New York
- Grandparents’ Custody Special Legal Standards
- What Are “Extraordinary Circumstances” in Grandparent Custody Cases?
- The Best Interests of the Child Standard
- Grandparents’ Custody Can Take Different Forms
- The Process of Grandparents Seeking Custody in New York Family Court
- Have an Experienced Brooklyn Child Custody Lawyer Present Your Case
- Frequently Asked Questions
- Additional Resources
Grandparents’ Custody Special Legal Standards
Every family situation is different. In some cases, grandparents take on a significant caregiving role, providing housing, emotional support, and daily care for their grandchildren. Despite this, New York law still recognizes that parents have a fundamental right to raise their children.
When a grandparent seeks custody, the court applies a two-step legal analysis:
First, the grandparent must establish that extraordinary circumstances exist
Second, if extraordinary circumstances are proven, the court determines what arrangement is in the best interests of the child
Without a showing of extraordinary circumstances, the court will generally not consider awarding custody to a grandparent over a parent.
What Are “Extraordinary Circumstances” in Grandparent Custody Cases?
In New York, grandparents must meet a high legal threshold to pursue custody against a parent. The courts require proof of extraordinary circumstances before moving forward.
Examples of extraordinary circumstances may include:
- Abandonment of the child by a parent
- Parental neglect or abuse
- Parental unfitness
- Substance abuse issues affecting the parent’s ability to care for the child
- Prolonged disruption of custody (such as when the child has been living with the grandparent for an extended period)
- Incarceration or inability of the parent to provide care
These cases often involve detailed factual disputes. A parent may argue that the grandparent was only providing temporary assistance, while a grandparent may argue that they have become the child’s primary caregiver over time.
Because the court closely examines the facts, documentation and evidence, such as school records, medical history, and testimony—can be critical.
The Best Interests of the Child Standard
If the court finds that extraordinary circumstances exist, it will then determine whether awarding custody to the grandparent is in the child’s best interests.
At this stage, the court considers many factors, including:
- The child’s need for stability and continuity
- The relationship between the child and the grandparent
- The child’s relationship with the parent
- The caregiving history and daily involvement of each party
- The mental and physical health of the adults involved
- Any history of domestic violence, abuse, or neglect
- The child’s wishes, depending on age and maturity
The court’s goal is to create a custody arrangement that best supports the child’s overall well-being, even if that means awarding custody to a grandparent instead of a parent.
Grandparents’ Custody Can Take Different Forms
If a grandparent successfully proves extraordinary circumstances and the court determines that custody is in the child’s best interests, several outcomes are possible:
The court can award a grandparent sole legal and physical custody – This may occur when a parent is unable to provide proper care or has abandoned the child.
The court can award custody to a grandparent with visitation rights for the parent – This allows the parent to maintain a relationship with the child when appropriate.
The court can deny the grandparent’s petition – If extraordinary circumstances are not proven, the parent’s superior right to custody remains.
The court can modify an existing custody order – If circumstances change, custody arrangements can be revisited and adjusted.
The Process of Grandparents Seeking Custody in New York Family Court
When a grandparent seeks custody of a grandchild in New York, the process typically begins by filing a petition in Family Court. These cases follow a structured legal process, but they can become complex depending on the facts and the positions of the parents.
Filing a Custody Petition – The first step is for the grandparent to file a custody petition in the appropriate Family Court. The petition must clearly state:
- The relationship to the child
- Where the child currently lives
- The reasons custody is being sought
- The facts supporting a claim of extraordinary circumstances
Once the petition is filed, the court will issue a summons, and both parents must be formally served with the legal papers so they have an opportunity to respond.
The Initial Court Appearance – After filing, the court will schedule an initial appearance. At this stage:
- The judge will review the petition
- The parties may discuss whether any temporary custody or visitation arrangements are needed
- The court may appoint an Attorney for the Child (AFC) to represent the child’s interests
If the case is contested, it will proceed to further hearings.
Establishing Extraordinary Circumstances – Before the court considers who should have custody, the grandparent must first prove that extraordinary circumstances exist.
This may involve presenting evidence such as:
- Testimony regarding the parent’s conduct
- School, medical, or other records showing the child’s living situation
- Evidence of abandonment, neglect, or prolonged caregiving by the grandparent
If the court finds that extraordinary circumstances are not established, the case will generally end, and custody will remain with the parent.
Best Interests Hearing – If extraordinary circumstances are proven, the court will move to the second phase and determine what is in the best interests of the child.
During this stage, the court may:
- Hear testimony from the grandparent, parents, and other witnesses
- Review documents related to the child’s care and well-being
- Consider recommendations from the Attorney for the Child or a forensic evaluator
The judge will evaluate all relevant factors before making a final custody determination.
Have an Experienced Brooklyn Child Custody Lawyer Present Your Case
Grandparent custody cases can be legally complex and emotionally challenging. You must not only prove extraordinary circumstances but also demonstrate that your proposed arrangement is in the child’s best interests.
The New York family court may consider:
- The history of caregiving
- The length of time the child has lived with the grandparent
- The parent’s ability to care for the child
- The child’s current needs and stability
Whether you are a grandparent seeking custody or a parent defending your rights, it is important to present your case effectively.
At Robert S. Gershon, P.C., Attorney at Law, he may be able to assist in every step of the process including:
- Grandparent custody petitions
- Custody hearings
- Child custody agreements
- Modifications of custody orders
- Visitation issues
- Enforcement of custody and visitation rights
Frequently Asked Questions
Can grandparents get custody of their grandchildren in New York?
Yes, but only in limited circumstances. Grandparents must first prove extraordinary circumstances before the court will consider awarding custody.
What are extraordinary circumstances for grandparents?
They may include abandonment, neglect, abuse, parental unfitness, or situations where the child has been living with the grandparent for a long time.
Is it enough that the child has a strong bond with the grandparent?
No. A strong relationship alone is not enough. The grandparent must meet the legal standard of extraordinary circumstances.
Do grandparents automatically have visitation rights?
Not automatically. Grandparents may petition for visitation, but they must meet certain legal requirements, including showing that visitation is in the child’s best interests.
Can custody be taken away from a parent and given to a grandparent?
Yes, but only if extraordinary circumstances are proven and the court finds that doing so is in the child’s best interests.
Do I need a lawyer for a grandparent custody case?
These cases can be complex and involve significant legal hurdles. An experienced attorney can help you navigate the process and present your case effectively.
Additional Resources
New York Domestic Relations Law § 72 – Grandparent Visitation – This statute outlines when grandparents may seek visitation rights in New York. It explains the legal requirements and circumstances under which courts may grant grandparents access to their grandchildren.
New York Unified Court System – Custody and Visitation – This official court resource explains how custody cases work in New York, including cases involving non-parents. It provides guidance on court procedures, legal standards, and what to expect in Family Court.
New York CourtHelp – Extraordinary Circumstances – This page explains the concept of extraordinary circumstances in custody cases involving non-parents, including grandparents. It provides examples and explains how courts evaluate these claims.
Contact Our Brooklyn Child Custody Lawyer Robert Gershon Today
For compassionate and experienced help with your child custody case in Brooklyn, call the Robert S. Gershon, P.C., Attorney at Law. Let us take the emotion out of your family court case and focus on protecting your legal rights and obtaining a successful outcome.
Call (718) 625-3977 or email robgershon@gmail.com.
