Manhattan Family Law Attorney Richard Roman Shum Clarifies Grandparents' Rights in New York

In a detailed new article, Manhattan family law attorney Richard Roman Shum (https://www.romanshum.com/what-are-grandparents-rights-in-new-york/) explores the legal avenues available to grandparents seeking visitation or custody of their grandchildren under New York law. The article highlights how the legal system recognizes the vital role grandparents can play in a child's emotional development and stability, particularly when access is restricted or denied by parents.

Grandparents facing barriers to maintaining their relationships with grandchildren often turn to a Manhattan family law attorney for legal guidance. According to Richard Roman Shum of the Law Office of Richard Roman Shum, Esq., New York law permits grandparents to petition for visitation or custody under certain conditions. This legal path requires demonstrating that continued contact supports the child's best interests, especially when family circumstances have changed due to death, divorce, or estrangement.

A Manhattan family law attorney can help navigate these issues, especially in light of the protections parents are afforded under the U.S. Constitution. The article cites the influence of the Supreme Court case Troxel v. Granville, which affirmed the rights of parents to control their children's upbringing. As a result, New York courts place a high burden of proof on grandparents who seek to override a parent's decision and must show that denying visitation would be detrimental to the child.

"Grandparents often play a meaningful role in a child's life, offering emotional support, family traditions, and a strong sense of identity," states the article. "New York law recognizes the potential value of these relationships and offers grandparents the opportunity to petition the court for visitation or custody under certain conditions."

New York's Domestic Relations Law 72 provides a legal route for grandparents to request visitation. The statute outlines the circumstances under which a grandparent may be eligible, starting with establishing legal standing. If one or both of the child's parents are deceased, divorced, or missing, grandparents may qualify to file a petition more easily. In situations where both parents are alive and oppose visitation, the grandparent must establish "equitable circumstances" that justify the court's involvement.

Courts evaluating these cases weigh the nature and history of the grandparent-grandchild relationship, the reasons for the parents' objection, and whether denying contact would negatively affect the child's well-being. The article explains that grandparents must also demonstrate that the child resides in New York State and that a significant relationship already exists or efforts were made to build one.

When visitation is not appropriate or sufficient, grandparents may also seek custody under more stringent legal standards. Richard Roman Shum outlines that to do so, grandparents must show "extraordinary circumstances," such as parental unfitness, abandonment, or neglect. Courts require a strong showing that awarding custody to a grandparent is in the child's best interest and necessary for their safety and stability.

The article also details the process for filing a visitation petition in Manhattan's Family Court. Grandparents must gather documents supporting the depth of the relationship, serve notice to the child's legal guardians, and prepare for court hearings where the petition's merits are reviewed. The court may appoint a legal representative for the child and consider all evidence to make a decision focused entirely on the child's welfare.

To build a compelling case, grandparents are encouraged to document their involvement in the child's life, such as participation in school events, healthcare, and daily routines. The use of mental health evaluations or witness testimony from teachers or coaches can further strengthen the case. Courts may also recommend mediation to resolve disagreements before issuing a ruling.

In his explanation, Richard Roman Shum emphasizes that a thoughtful legal approach is key to preserving grandparent-grandchild bonds. While courts begin with a presumption that parents are acting in their child's best interests, they remain open to evaluating evidence that continued contact with a grandparent serves the child's needs.

The Law Office of Richard Roman Shum, Esq provides legal support to grandparents navigating these family law challenges. Based in Manhattan, the firm assists clients in presenting thorough legal petitions, negotiating visitation terms, and, when necessary, pursuing custody to protect the child's welfare.

Understanding the rights of grandparents in New York involves a careful balance between respecting parental authority and recognizing the emotional support that grandparents can offer. For grandparents seeking legal ways to maintain a meaningful role in their grandchildren's lives, New York law provides a framework to pursue visitation or custody when justified by the circumstances.

Those concerned about maintaining contact with a grandchild due to divorce, estrangement, or other family changes can explore available legal options. A properly prepared case supported by credible documentation can make a difference in the outcome of a visitation or custody request.

About Law Office of Richard Roman Shum, Esq:

The Law Office of Richard Roman Shum, Esq. is a Manhattan-based legal practice focusing on family law matters. Led by attorney Richard Roman Shum, the firm assists clients with matters involving divorce, custody, and visitation. The practice is committed to helping individuals and families navigate legal challenges with a focus on the child's well-being and long-term stability.

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