The bond between grandparents and their grandchildren can be a beautiful thing, but legally, the relationship can be tenuous. In situations where the older generations are not getting along, grandparents may need the help of a lawyer in order to visit their grandchildren.
At the Law Offices of Kristine M. Demo-Vazquez, P.C., in Rochester, New York, we help grandparents with issues in custody and grandchild visitation so that they can keep this relationship strong in the best interests of the children.
Helping Establish Visitation Rights
New York courts presume that parents have full custody rights to their children. Among other rights, this means parents can forbid other adults from visiting their kids.
In some difficult family situations, a parent may try to prevent a grandparent from visiting a child. However, New York law recognizes that grandparents have some rights to see their grandchildren.
To assert this right, grandparents can request a hearing before a judge. The court will determine whether visitation is in the best interest of the child. To do this, the court looks at several factors, including the wishes of the child.
Fighting For Your Custody Rights
There are many aspects to having custody of a child, but it essentially means that the child may live with you, and you have the right to make important decisions on the child’s behalf, including decisions about legal issues, medical issues and education.
Generally, a New York court will grant full custody to a grandparent only when there is a very good reason the parent cannot or should not exercise custody rights. In such cases, the grandparent may gain custody on a temporary basis until the parent is capable or until the child reaches the age of maturity.
If you need the help of an attorney with experience in grandparent rights, stepparent adoption and other issues in divorce and family law, call the Law Offices of Kristine M. Demo-Vazquez, P.C., today at 585-441-0216. You can also contact us by email to discuss your case and start learning about your legal options.