Grandparents’ Rights in New York

Attorneys & Staff Members Who Support this Practice Area

• Lorraine R. Silverman, Esq.
• Kayla Leder, Esq.
• Jessica Phillips, Esq.
• Ellen Gabelmann (Law Clerk)
• Ashley Cook (Law Clerk)
• Naomi Alvarez Romano
• Maleigh Ray

For a grandparent, few things in life are valued more than their relationship with their grandchildren.  The Attorneys at Copps DiPaola Silverman, PLLC understand the invaluable role that grandparents can play in the lives of their grandchildren.

Grandparent Visitation

In New York, grandparents have a statutory right to seek visitation with their grandchildren under certain circumstances. In order to obtain an order of grandparent visitation, the grandparent must first establish standing, and then the grandparent must show that visitation would be in the child’s best interest. Standing can be established when one or both of the children’s parents are deceased or when other “conditions exist in which equity would see fit to intervene.” The equity inquiry considers the nature and extent of the specific grandparent-grandchild relationship.

Grandparent/Nonparent Custody

In New York, grandparents may also have the right to seek custody of their grandchildren. Grandparents have a statutory right to seek custody of their grandchildren when they can demonstrate the existence of extraordinary circumstances. Extraordinary circumstances exist when there is an extended disruption of custody (generally, 24 months where the child(ren) have lived with the grandparent).

The Attorneys at Copps DiPaola Silverman, PLLC have extensive experience in assisting grandparents with obtaining visitation and custody of their grandchildren. The Attorneys at Copps DiPaola Silverman, PLLC also have extensive experience opposing applications filed by non-parents or grandparents where the prerequisites have not been met.

Copps DiPaola Silverman, PLLC practices primarily in the following counties:

• Albany County
• Columbia County
• Fulton County
• Greene County
• Montgomery County
• Rensselaer County
• Saratoga County
• Schenectady County
• Schoharie County

If you have questions about a grandparent visitation or custody matter, or would like to set up a consultation appointment, please contact office@theCDSLawFirm.com or (518) 436-4170.