NEW YORK, NY – Grandparents in New York may petition Family Court for visitation and, in limited circumstances, custody of a grandchild under Domestic Relations Law Section 72, but the statute does not create automatic visitation rights and requires a structured legal analysis before any order can be issued. Manhattan family law attorney Richard Roman Shum of the Law Office of Richard Roman Shum, Esq. (https://www.romanshum.com/what-are-grandparents-rights-in-new-york/) is providing guidance on the legal standards governing grandparent visitation and custody petitions and what grandparents should understand before pursuing court action.
According to Manhattan family law attorney Richard Roman Shum, DRL Section 72 establishes a two-step framework for grandparent visitation petitions. First, the grandparent must demonstrate legal standing to bring the petition. Second, if standing is established, the court determines whether granting visitation would serve the child’s best interests. New York courts give substantial weight to a fit parent’s decision to restrict grandparent contact, and the burden falls on the grandparent to show that their involvement would benefit the child. “The U.S. Supreme Court’s decision in Troxel v. Granville reinforced that a parent’s right to direct their child’s upbringing is a fundamental liberty protected by the Fourteenth Amendment,” explains Shum. “Grandparents must produce compelling evidence that their involvement serves the child’s interests.”
Manhattan family law attorney Richard Roman Shum notes that grandparents have automatic standing to petition for visitation when one or both parents are deceased. When parents are divorced or separated, grandparents may petition, but standing is not automatic unless a parent is deceased. When both parents are alive and jointly oppose visitation, the grandparent must satisfy the equitable circumstances test, which considers the nature and extent of the grandparent-grandchild relationship, efforts to maintain contact, any parental interference, and the reasons parents give for opposing visitation.
Attorney Shum emphasizes that New York courts apply their most careful scrutiny when both parents are married, living together, and jointly raising their child. In intact-family cases, the presumption is strong that fit parents act in their child’s best interests, and a decision to limit grandparent contact reflects that judgment. Once standing is established, the Family Court conducts a multi-factor analysis examining the depth and duration of the relationship, the grandparent’s willingness to support the parent-child relationship, and the potential effect of visitation on the child’s emotional development. “Grandparents with a documented history of involvement, such as attending school events, providing regular childcare, or maintaining consistent communication, are generally better positioned to meet the court’s standards,” Shum adds.
Grandparents seeking visitation in Manhattan must file a petition with the New York County Family Court at 60 Lafayette Street. Preparing strong supporting documentation before filing can make a meaningful difference in the outcome. Evidence that courts find persuasive includes photographs of shared activities and milestones, records of visits and phone calls, correspondence exchanged with the grandchild, and affidavits from teachers or neighbors who have observed the relationship. After filing, the petitioner must formally serve notice on the child’s parents or legal guardians. The court may also appoint an attorney for the child to represent the child’s interests independently.
The Law Office of Richard Roman Shum, Esq. notes that grandparents may pursue custody of a grandchild when a parent’s inability to provide adequate care rises to the level of extraordinary circumstances, as defined in DRL Section 72(2). Qualifying circumstances include parental abandonment, persistent neglect, parental unfitness due to substance abuse or mental illness, and extended disruption of custody where the child has lived with the grandparent for a significant period, typically 24 months or more. “The extraordinary circumstances threshold is intentionally demanding because it requires overriding a constitutionally protected parental right,” observes Shum. “Only after that threshold is met does the court apply the best-interests standard.”
Mediation is available through the New York City Family Court system and can serve as an effective path to a negotiated visitation arrangement. A neutral mediator facilitates discussion between the grandparent and the parents to develop a schedule that accounts for the family’s specific circumstances. Courts generally view a grandparent’s willingness to engage in mediation favorably when considering the child’s best interests, and a mediated agreement can be incorporated into a court order.
For grandparents seeking to protect their relationship with a grandchild in Manhattan, consulting with a family law attorney experienced in New York custody and visitation law may help evaluate legal options and prepare a petition centered on the child’s best interests.
About Law Office of Richard Roman Shum, Esq.:
Law Office of Richard Roman Shum, Esq. is a Manhattan-based family law firm dedicated to custody, visitation, divorce, and grandparents’ rights matters. Led by attorney Richard Roman Shum, the firm handles proceedings at the New York County Family Court and serves families throughout Manhattan and New York City. For consultations, call (646) 259-3416.
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