Grandparents’ Rights Lawyer
Winning Cases Since 2009
Need a knowledgeable and experienced grandparents’ rights lawyer? At Hedayati Law Group, we offer 150 years of combined experience and a profound understanding of family law to assist grandparents in Suffolk County, Nassau County, and New York City.
We have the knowledge, the team & Support staff for a successful case
We Are There For You Every Step Of The Way & Ready To Fight For Your Rights
Background in Banking & Finance that provides a competitive advantage
Grandparents’ Rights Lawyer Serving Nassau County, Suffolk County, Long Island, & Manhattan
Grandparents play a vital role in many families. Often, in cases where the parent cannot properly or fully provide for their child, the bond between the grandparent and their grandchild may be just as strong or even stronger than the bond between parent and child — due to the need for the grandparents’ assistance. These family dynamics highlight the importance of grandparents’ rights. In modern times, the grandparents are generally assumed to be the next primary caregiver in a child’s life. Normally, either one or both parents willingly allow their children to have a relationship with their grandparents.
Unfortunately, legal issues can disrupt these important relationships. Are you searching for a grandparents’ rights lawyer? The family law attorneys at Hedayati Law Group offer over 150 years of combined, unmatched experience in Nassau County, Suffolk County, and Manhattan. Our compassionate, dedicated lawyers understand the complexities of these cases and provide zealous advocacy throughout the legal process, drawing upon our profound knowledge of family law. Contact us at (516) 334-4100(516) 334-4100 and schedule a complimentary consultation to discuss your case.
Key Takeaways About Grandparents Rights Cases in Nassau County, Suffolk County, & New York City
- Grandparents can seek to attain legal responsibility for the care, control, and support of a child by filing a petition for an Order of Custody.
- A copy of the petition and a summons must be delivered personally to both parents.
- The state recognizes grandparents’ rights to petition for visitation or custody under specific circumstances, including issues of substance abuse involving one or both parents, imprisonment of one or both parents, the death of one or both parents, and cases where one or both parents voluntarily surrender care of their children.
- Courts prioritize the child’s best interest when considering these cases.
- Grandparents face challenges like parental objections and legal hurdles when seeking visitation or custody of grandchildren.
- Hedayati Law Group offers informed legal representation for grandparents in Nassau County, Suffolk County, and New York City.
Questions about your rights as a grandparent? Contact Hedayati Law Group P.C. to start discussing your situation today! Serving clients in Melville, Manhattan, and Southampton!
Grandparents’ Rights on Long Island and in Manhattan
The state recognizes the importance of the relationships between grandparents and grandchildren, particularly during times of upheaval such as:
- Divorce
- Child custody disputes
- Imprisonment of a mother or father
- Parental drug or alcohol addiction
Laws and family court decisions have established guidelines for grandparents seeking visitation or custody, with a primary focus on the child’s well-being and the goal of balancing the interests of grandparents, parents, and children.
Grandparents facing challenges in maintaining contact with their grandchildren can explore legal options, beginning with a complimentary consultation with a knowledgeable family law attorney at Hedayati Law Group:
Service | Benefit |
Legal Consultation | Clear understanding of rights and options |
Case Preparation | Thorough evidence gathering and strategy development |
Family Court Representation | Skilled advocacy in family court proceedings |
Mediation Support | Assistance in reaching amicable solutions |
State Laws in New York Will Influence Grandparent Visitation or Custody Rights in Relation to Other Family Court Decisions
State laws give grandparents the right to take their case for visitation or custody to family court under narrowly defined circumstances. When making a determination, a family court judge considers:
- The children’s best interests
- The existing relationship between grandparents and grandchildren
- The potential impact on the children’s health and well-being
Grandparents may seek legal recourse if parents deny them access to their grandchildren, particularly in cases involving divorce, separation, or the death of a mother or father. If a lower court denies their petition, grandparents can appeal the decision to a higher court.
State courts have consistently upheld the importance of grandparents’ rights, especially in cases involving substance abuse or legal separation. Our law firm recognizes that family court decisions often consider factors such as the grandparents’ existing relationship with the children, the parents’ marital status, and any potential impact on the children’s well-being. In cases where substance abuse or property disputes during divorce proceedings threaten the child’s stability, courts may be more inclined to grant grandparents visitation or custody.
Legal Basis for Grandparents’ Rights
The state recognizes the potential role of grandparents as caregivers and their importance in children’s lives. Grandparents may seek visitation or custody in specific instances, such as when parents cannot care for their children due to domestic violence, drug or alcohol addiction, or other issues. This legal basis seeks to protect the best interests of the child while respecting parental rights.
Courts throughout the state, including New York City, consider various factors, such as the existing relationship between grandparents and grandchildren, the reasons for parental objection to visitation, and the potential impact on the child’s well-being. In cases involving estate planning or the death of a mother or father, grandparents may have stronger grounds for seeking visitation or custody.
However, grandparents’ rights are not absolute and must be balanced against parents’ constitutional rights to raise their children. Courts carefully weigh the following factors when considering grandparents’ petitions:
- The nature and extent of the existing relationships between grandparents and grandchildren
- The potential benefits or detriments of granting visitation or custody to grandparents
- The impact on the child’s relationship with their parents
- Any history of domestic violence within the family
- The child’s wishes, if they are of sufficient age and maturity
Types of Grandparents’ Rights
The state’s family law recognizes various types of grandparents’ rights, addressing the complex dynamics of modern families in the United States. In cases involving domestic violence or parental separation, grandparents may seek legal recourse to maintain relationships with their grandchildren. The courts consider factors such as existing bonds, sibling relationships, and the child’s best interests when evaluating a case. Furthermore, social media platforms like Facebook have also influenced how families stay connected, sometimes complicating legal matters surrounding visitation and custody.
Grandparent Visitation
Grandparents can petition the court for visitation rights, especially when denied access to their grandchildren. These cases often intertwine with other family law matters, such as child support disputes or asset division during divorce proceedings. Family court considers multiple factors, including the existing relationship between grandparents and grandchildren. In some instances, grandparents may need to file a lawsuit. A lawyer from Hedayati Law Group can offer trustworthy counsel in your particular matter as to the right approach for pursuing visitation.
Grandparent Custody
State courts may grant custody to grandparents in exceptional circumstances, such as when parents are deemed unfit or unable to care for their children. The primary consideration is the child’s best interests, which may include factors like stability, safety, and emotional well-being. Grandparents seeking custody should be prepared for a thorough evaluation process, which may involve mediation sessions, home visits, and assessments of their ability to provide for the child’s needs, including adequate housing and financial resources. In some cases, real estate ownership or the ability to provide suitable living arrangements may influence the court’s decision when determining custody preferences.
The Process of Petitioning for Grandparents’ Rights
Grandparents seeking to establish or maintain relationships with their grandchildren must navigate a complex legal process, which often begins with gathering essential information about the child’s parents — including the roles of both mother and father in the child’s life.
Petitioning involves two critical steps:
- Filing a formal petition with the appropriate court
- Securing competent legal representation
These steps are crucial for grandparents, especially in cases where they have been denied access to their grandchildren or believe that maintaining contact is in the child’s best interest.
Filing a Petition for Grandparents’ Rights
Filing a petition requires careful preparation and attention to detail. Grandparents must submit the necessary paperwork to the appropriate family court, typically in the county where the child resides, clearly stating the reasons for seeking visitation or custody, including any relevant family history, existing relationships, and other supporting factors.
Legal Representation for Grandparents’ Rights
Legal representation proves invaluable for grandparents navigating the complexities of the family court system. An experienced lawyer from Hedayati Law Group, P.C. can guide grandparents through the process, completing and filing all necessary documents correctly and meeting deadlines. When you work with a lawyer from Hedayati Law Firm, you can rest assured that they possess a profound understanding of New York’s family laws and can effectively argue on your behalf to support your case for visitation or custody.
What Factors Do State Courts Consider When Addressing Grandparents’ Rights in New York?
State courts meticulously evaluate various factors when determining grandparents’ rights cases, with the goal of striking a delicate balance between preserving familial bonds and protecting parental autonomy. Securing the child’s welfare and stability remains the primary focus. With that goal in mind, the two crucial elements significantly influencing the court’s decision are the best interest of the child and the nature of existing relationships between grandparents and grandchildren. These factors help judges assess the potential impact of granting or denying grandparents’ rights on the child’s overall well-being and family dynamics.
Best Interest of the Child
In determining the best interest of the child, judges evaluate factors such as the child’s emotional and physical well-being, stability, and continuity of care, assessing how granting visitation or custody to grandparents might impact the child’s overall development and family relationships:
Factor | Consideration |
Emotional Bond | Strength of the relationship between grandparents and children |
Stability | Impact on the children’s routine and living environment |
Parental Relationship | Effect on children’s relationship with parents |
Safety | Ability of grandparents to provide a safe environment |
If children possess the maturity to express their preferences, courts will also consider them and any potential disruption to the children’s lives. Grandparents must demonstrate how their involvement benefits the children’s overall well-being and complements, rather than undermines, their relationships with their parents.
Existing Relationships
Family courts carefully evaluate the existing relationships between grandparents and grandchildren, assessing the frequency and quality of interactions, the duration of the relationship, and any significant influence the grandparents have had in the lives of the children. Judges may also consider how the existing relationship has impacted the children’s emotional well-being and overall development.
Potential Challenges in New York Grandparents’ Rights Cases
Grandparents often face significant obstacles that can stem from various sources, including opposition from the child’s parents and complex legal requirements. Parental objections may arise due to personal conflicts, differing values, or concerns about the grandparents’ influence on the child. Navigating the legal system and family court presents its own obstacles, as grandparents must meet specific criteria and prove their case in front of a judge. Having an awareness of these potential roadblocks is crucial for grandparents who wish to maintain or establish relationships with their grandchildren through legal means.
Parental Objections
Parental objections present a significant challenge for grandparents. Parents may resist grandparental involvement due to past conflicts, concerns about them interfering in the parents’ decisions, or fears of undermining their authority. A family court judge must carefully balance these objections against the potential benefits of maintaining the grandparents’ relationships with their grandchildren, considering factors such as the child’s emotional well-being and family dynamics.
Legal Hurdles
The burden of proof rests on grandparents to demonstrate that visitation or custody is in the child’s best interest, which can be difficult without substantial evidence. Courts often require grandparents to demonstrate that they have an existing relationship with the child or that exceptional circumstances warrant their involvement, setting a high bar for legal intervention.
When to Engage a Lawyer for Grandparents’ Rights Concerns
Grandparents should consider engaging a lawyer when confronting challenges in maintaining relationships with their grandchildren. These situations often arise during family disputes, divorces, or when parents deny visitation. A skilled attorney from Hedayati Law Group can provide invaluable guidance and legal representation in such cases.
When informal attempts to resolve visitation issues have failed, legal counsel becomes pivotal. Grandparents should seek the services of a lawyer if they encounter resistance from parents, especially in cases involving alcohol or drug addiction, domestic violence, or concerns about the child’s well-being. An experienced attorney can help navigate the complex legal landscape and advocate zealously and effectively for grandparents.
Are you considering hiring a lawyer? Timing is critical because swift action can preserve existing relationships and prevent further estrangement. Consider a lawyer under any of the following circumstances:
Situation | Recommended Action |
Sudden denial of visitation | Seek legal advice immediately |
Ongoing family conflict | Consult a lawyer for mediation options |
Concerns about child’s welfare | Discuss legal interventions with an attorney |
Pending divorce or separation | Explore grandparents’ rights early in the process |
Let Hedayati Law Group Provide Solutions Tailored to Your Unique Circumstances in Nassau County, Suffolk County, & New York City
Hedayati Law Group, P.C. offers over 150 years of combined, unmatched experience for grandparents seeking to establish or maintain relationships with their grandchildren in Nassau County, Suffolk County, and New York City. Our attorneys understand the complexities of these cases and provide compassionate guidance throughout the legal process as we serve our clients on Long Island and in Manhattan.
Our lawyers possess in-depth knowledge of the state’s family laws and family court procedures, enabling us to zealously advocate for you in a wide range of cases — from visitation disputes to custody battles — always prioritizing the best interests of the child. We offer personalized strategies tailored to each client’s unique situation as we pursue a favorable resolution.
With a commitment to clear communication, dedicated support, and respect for family dynamics, our attorneys work closely with grandparents to gather evidence, prepare compelling arguments, and navigate family court efficiently.
Contact us at (516) 334-4100(516) 334-4100 or complete our online form to schedule a complimentary consultation.
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