Grandparent Rights

What it means

New York grants grandparents limited rights to seek visitation or custody of grandchildren. Under DRL § 72, a grandparent has standing to petition for visitation in two situations: when one or both parents have died, or when there are equitable circumstances that justify the court's intervention (a long pattern of close contact, then sudden cutoff). Standing alone is not enough. The court still applies the best-interest-of-the-child standard. The U.S. Supreme Court in Troxel v. Granville (2000) held that the wishes of fit parents about non-parent contact deserve deference. Custody petitions by a grandparent require even more — the grandparent has to overcome the parental presumption by showing extraordinary circumstances like prolonged separation, surrender, abandonment, or unfitness. Surrogate's Court can also handle grandparent guardianship cases. Free legal help with grandparent petitions is available through Legal Aid Society of Rochester and the Empire Justice Center.

When you might hear this

New York gives grandparents limited but real rights to seek visitation with — and in some cases custody of — their grandchildren. Grandparents have to file a petition in Family Court or Surrogate's Court and meet specific standing and best-interest requirements.

What to ask