In New York, grandparents rights are specified in Family Court Act and the grandparents may obtain visitation by right (if one or both parents are deceased) or through establishing a relationship existed with a child and has now been severed.
Grandparents typically have the burden of establishing they had a relationship with the minor child and are entitled to a full and fair hearing to decide if
whether or not the relationship with child existed
whether visitation between grandparent and child is in the best interests of the child.
Grandparents have the burden of introducing evidence at trial in the form of testimony, documents, and even expert opinions to prove that they had an existing relationship with the child and that it’s is in the best interest of the child for grandparents to have visitation.
The above is no small task and requires an attorney versed in the law, as well as, familiarity with evidence and trial rules to present a successful case for grandparent visitation.
Milana Tepermayster, Esq