Does a grandparent have the right to visit a grandchild in juvenile detention?
In New York, the rights of grandparents to visit their grandchildren in juvenile detention are not explicitly mentioned in law. However, in some cases, a grandparent may still have the right to visit their grandchild who is held in juvenile detention. This is dependent on the court’s ruling. The court may award visitation privileges depending on the individual circumstances and the best interests of the child. A grandparent may wish to seek visitation rights through the filing of a petition in family court. The petition should include reasons why they believe it is in the best interest of the grandchild for them to have visitation rights. Generally, the court will consider the grandparent’s historic relationship with the child, the grandparent’s stability and capability to provide a positive influence on the grandchild, and the grandchild’s wishes. The court may grant visitation privileges to the grandparent, in addition to the child’s legal guardian, their parents, or other extended family members. If the court approves visitation rights, it is typically up to the juvenile detention facility and the grandparent to decide a visitation schedule and location. The court may also require supervised visitation under certain circumstances. In New York, the court may award grandparents visitation rights if it is in the best interest of the grandchild. It is ultimately up to the court’s ruling to decide if visitation is appropriate.
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