Westchester County Grandparents Rights Lawyer
A divorce or a legal separation affects a child’s relationship with the grandparents just as it affects a child’s relationship with the parents. However, Westchester County grandparents rights attorneys in New York frequently have to fight for the visitation rights of grandparents. If you’re in Westchester, Dutchess, Putnam, Orange, or Rockland County, and you aren’t being allowed to visit your grandchildren, an experienced Peekskill family law attorney may be able to help. Don’t hesitate to call Kimberly Pelesz New York Law, LLC immediately. We understand the importance of your rights as a grandparent as they relate to a child’s emotional health, and we work with grandparents to protect their rights.
GRANDPARENTS’ RIGHTS IN NEW YORK
In New York, grandparents legally have limited visitation rights. New York law holds that parents have a fundamental right to raise their own children as they see fit. Grandparents who are being prevented from visiting their grandchildren will have to prove to the court that visitation is in the best interests of the child. In some cases it may be tough for grandparents in New York to establish visitation rights, but an experienced Peekskill family law attorney may be able to help grandparents in Westchester, Dutchess, Putnam, Orange, or Rockland County. Grandparents seeking visitation rights should not hesitate to call a good family law attorney at once.
New York law regarding grandparental visitation is considerably restrictive when compared to most other states. New York courts will usually grant grandparental visitation rights only when one parent is deceased or in cases where the court believes that its intervention serves the best interests of the child. The court will usually insist on a pre-existing, well-established, and functional relationship between the grandparents and grandchild before granting grandparental visitation rights.
New York law figures that if mom or dad doesn’t want the grandparents to see their children then there must be a good reason for that decision. Grandparents have very limited rights in New York. Courts will only consider requests for visitation from the natural grandparents or grandparents by legal adoption. New York also does not consider aunts, uncles, or even great-grandparents for visitation petitions.
The court system in New York takes a lot into consideration before granting visitation to grandparents. Their main concern is what is best for the child at all times and if there has not been an established relationship between the grandparent and the child the chances lessen considerably. The grandparents must be upstanding people with the financial resources to provide for the children and suitable housing for visitation.
The courts do want to know what the child wants, the motivation of the grandparents, the home environment, the morality of the parents, and all relevant factors regarding the child/grandparent relationship.
It is in your best interest to hire a Westchester County grandparent’s rights attorney in New York if someone is stopping you from seeing your grandchildren. When grandparents retain appropriate counsel, they are much more likely to win their case. If you are a grandparent that is being denied visitation, a good lawyer can be worth their weight in gold. The biggest obstacle to grandparents petitioning for visitation rights is that the US Constitution allows for parents to make decisions pertaining to their children, including if they want grandparents to be involved in their lives.
Working with an experienced Westchester County family law attorney is the best strategy for grandparents seeking to establish their legal right to be involved in the lives of their grandchildren. When that relationship has been wrongly damaged by a divorce, a grudge, or a misunderstanding, an experienced Peekskill family law attorney may be able to help you win some kind of court-ordered visitation rights. The court is committed to acting in a child’s best interests when it makes these decisions, and there is no question that children have richer, fuller childhoods when loving grandparents are a part of their lives. If you are a grandparent who needs legal help obtaining the right to see a grandchild, contact an experienced Peekskill family law attorney as quickly as possible.
When a grandparent petitions for visitation rights, the court may suggest that both parties go through mediation first to see if they can reach a mutually agreed upon resolution. The mediator will attempt to work with both parties to come up with a visitation schedule that pleases both parties and is still in the best interests of the child.
However, if the mediator cannot get the two parties to reach an agreement, the petition for visitation rights may go to court where a judge will preside over the case and determine the outcome. Don’t go through this process without the help of an experienced Westchester County grandparents’ rights attorney. Contact a New York family law attorney at Kimberly Pelesz New York Law, LLC as quickly as possible for a free initial consultation.
WE HELP GRANDPARENTS AND GRANDCHILDREN
Working alongside an experienced Westchester County grandparents rights attorney is the best way to protect your right to be involved in the life of your grandchild. When that relationship has been unjustly damaged by divorce, an experienced Peekskill family law attorney can usually help you win some kind of visitation rights. The court is committed to acting in a child’s best interests when it makes these decisions, and only in the rarest scenarios will grandparents be entirely denied visitation rights. There is no question that child have richer, fuller childhoods when loving grandparents are a part of their lives.
SPEAK WITH US PROMPTLY
Contact a New York family law attorney at Kimberly Pelesz New York Law, LLC as quickly as possible for a free initial consultation if you are a New York grandparent and you need help retaining and protecting your right to visit your grandchild. With offices in Peekskill and Poughkeepsie, we serve clients in Beacon, Fishkill, Wappingers Falls, Newburgh, Tarrytown, Greenburgh, Westchester County, Dutchess County, Putnam County, Orange County, and Rockland County. To learn more about how an experienced Westchester County grandparents rights attorney can help grandparents, email us or call us promptly at (914) 402-4541.