Are there any circumstances in which grandparents cannot get visitation rights?
Yes, there are certain circumstances in which grandparents cannot get visitation rights in New York. Generally, grandparents in New York may seek visitation rights if the relationship between the grandparent and the grandchild has been ongoing for at least six months, when both parents are living and when the grandparent has a significant relationship with the grandchild and it would be in the best interest of the grandchild to establish visitation. In addition, grandparents cannot get visitation rights if a parent has been denied court-ordered visitation due to domestic violence, a parent is deceased, or if the grandparent has been found guilty of child abuse or neglect. The court also looks at factors such as whether the grandparent is acting in the best interest of the grandchild and has demonstrated meaningful involvement in the grandchild’s life. Furthermore, if there is an ongoing child custody dispute, the court may not grant visitation rights to the grandparent at that time. In some circumstances, custodial parents may also file a petition to terminate visitation rights between a grandparent and their grandchild. This could happen if the custodial parent believes it is not in the child’s best interest to have visitation with the grandparent.
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