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Home > Family Law > Child Custody > Grandparents’ Rights

Grandparents Rights Lawyer Serving Throughout New York and the Hudson Valley

If you are a grandparent who wants the right to visit with or serve as the custodian for your grandchildren, you need diligent and dedicated legal representation to succeed on these demands. At Rusk, Wadlin, Heppner & Martuscello, LLP, our compassionate and experienced grandparents rights lawyer understands how critical it is for you to maintain a relationship with your grandchildren. We have the legal knowledge and experience before the New York Family Court system to provide you with the highest-caliber legal help in pursuing a grandparent visitation order or grant of custody. Contact us today for a consultation on your case.

Choose compassionate and dedicated attorneys to represent your New York grandparents’ rights case

As a grandparent, you love your grandchildren as much as you love your own children. You want them to get the love and care they need to thrive. You also want to be a part of their lives, watching them grow up for as long as you can. Sometimes, tensions may arise between your children or children-in-law that threaten your relationship with your grandchildren, especially in the event of a divorce or death of one of the parents. When their parents are not able to properly care for your grandchildren, you may feel compelled to intervene as a temporary or permanent guardian for them.

What are the rights of New York grandparents to see their grandchildren?

New York courts recognize that grandchildren have much to gain from having a relationship  with their grandparents. The New York state legislature has also acknowledged these benefits by creating a statute, Domestic Relations Law § 72, which gives grandparents the right to seek visitation or custody under certain circumstances. Specifically, courts will hear requests for visitation or custody only from grandparents who have legal standing to request these rights. Legal standing exists where either:

  • One or both of the child’s parents has died, or
  • Other special circumstances exist that warrant the court’s intervention

Special circumstances are often found where the parents have serious drug or alcohol problems, the child has lived with the grandparents for an extended period, or the parents have been convicted of abusing their grandchildren.

Grandparents often have challenges in receiving right to visit with grandchildren

Grandparents who file for the right to visit or have custody over their grandchildren often have an uphill climb in convincing the court that they are entitled to these rights. Namely, grandparents must convince the court that visitation rights or a grant of custody is in the best interests of the child or children, and doesn’t unduly impact the parents’ rights to make decisions on behalf of their children.

Legal help is available for grandparents seeking visitation or custody

Rather than fighting for your grandchildren’s best interests alone, contact determined and experienced Kingston grandparents’ rights lawyers who will fight for you. To consult with a lawyer in your quest for custody, contact the grandparents rights lawyer at Rusk, Wadlin, Heppner & Martuscello, LLP for a consultation on your case, in Marlboro at 845-236-4411, and in Kingston at 845-331-4100.

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