All states have some level of grandparents’ right, provided those rights are in the best interest of the child. The bottom line comes down to whether visitation is harmful or beneficial to a child. Past that, each state defines its own laws.
Queens New York Grandparents
In order to obtain rights, there must have been an existing relationship in place. The rights of grandparents in Queens New York will typically allow petitions for visitation even if there is no finalized divorce between the parents, one of which, of course, is the adult child of those petitioning grandparents.
Most courts agree that there exists a “profound effect that grandparents and extended family have upon the well-being of a child, therefore making it possible for concerned relatives to be a part of a child’s life as long as it is a safe experience for the child”.
Courts will also consider the best interest of the children. If a child benefits from his grandparents’ being in his life, the courts will typically consider that in making a decision. But there are other factors that play a role, too.
However, parents are typically the ones who make the best decisions for their children. As a result, their wishes are given what’s referred to as “special weight”, provided they are capable of doing so and are not inhibited by drugs, alcohol or other self-destructive decisions and behaviors.
Complicated Familial Matters and no Guarantees
Grandparents will have the option of seeking out legal protections via court hearings. The evidence must be significant and these cases are historically complicated. That said, agreements can often be hammered out that include some time shared between the grandparent and grandchild(ren). Fair warning, though, it can often mean supervised visitation or other complicated parameters.
Many families, with a genuine interest in repairing family bonds, will agree to some kind of mediation; after all, this is often a healthy experience for children. They have the opportunity to see those who love them most working together to find a satisfactory agreement that doesn’t impede anyone’s best interests.
As grandparents rights attorneys in Queens New York, we know how important and how strong family ties are. We understand that emotions can sometimes wreak havoc on the big picture. It’s our goal to ensure a family is able to continue, regardless of any changed dynamics, in such a way that is beneficial to every family member. The goal should always be focused on less trauma and more compassion and a sense of duty to ensure our children are thriving within the family unit – including their grandparents.