Petition Visitation Form With Grandparent In New York
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FAQ
Who Determines the Grandparent Visitation Schedule? There is no one-size-fits-all answer to how often you should be allowed to see your grandchild. This will depend largely on the child's best interests and what the parent's schedule reasonably allows.
You could petition the courts for visitation and you may be granted this if a judge feels it is in the children's best interest. You do not say why they are keeping you from seeing their children. Parents do have the right to decide whom their children spend time with.
The court will consider parental preference when determining whether to grant grandparent visitation, as it recognizes that parents have the right to decide how their children spend their time. Nevertheless, the court will not deny a request based on the parent's objections alone.
Grandparents can request visitation rights by applying to either the family court or the state Supreme Court. The state of New York will award visitation to biological and adoptive grandparents as long as they find that the visitation order is in the child's best interest.
The legal process for grandparents seeking custody or visitation involves several steps, beginning with filing a petition in the family court. The petition must outline the grounds for requesting custody or visitation and provide supporting evidence.
A parent seeking to visit with a child may file a petition in Family Court against the person or persons who have custody of the child. Custody and visitation matters are often heard together within the same hearing, but a visitation petition may also be filed as a separate matter.
Generally you must file a motion for child visitation in the county where the child has lived for the past six months. If there is an existing custody or parenting time order, however, you typically will need to file your motion with the court that entered that order.
Who can get visitation in New York? Either parent, siblings and half-siblings, and grandparents can ask for visitation. The court will determine whether visitation is in the child's best interest. A parent is entitled to frequent and meaningful visitation, unless it is shown that it would be harmful to the child.
