Do you live on Long Island and have questions regarding grandparent rights during a divorce? It is important to know some of the rights grandparents have regarding their grandchildren during this difficult time. Here at Simonetti & Associates, we can help you understand your rights and file a case.
It may come to surprise to learn that grandparents of children whose parents are divorced are not automatically awarded visitation rights. Why is this? The United States Supreme Court has declared that it is a fundamental right for a parent to raise their children as they wish and thus have the right to deny visitation to the children’s grandparents. In the circumstance that one of the child’s parents has passed away, the grandparent automatically has the standing to proceed with a case regarding visitation or custody. Although, the court has final say over whether or not the grandparent visitation is in the child’s best interest.
Third-party child custody would be awarded to a non-parent, such as a grandparent, in extreme cases such as deceased parents. Although if there is a dispute over custody of the child between a parent and grandparent without standing for the case to be heard the case is dismissed.
Situations that the court will take into consideration regarding grandparents petition for custody include but are not limited to:
- Death of parent(s)
- One or both parents voluntarily surrender care
- Imprisonment of parent(s)
- Issues of substance abuse with parent(s)
Decisions made by the court are made on a case-by-case basis with the court always taking into consideration the best interests of the child. These situations aren’t easy, it is important to try to maintain a relationship with the parents that allow you to discuss matters civilly.
The relationship between a grandparent and grandchild is an important bond. We can help you maintain that relationship. If you have any questions about grandparent rights on Long Island or you would like to schedule a free consultation you can contact us at 877.385.2560