From Law Office of Richard Roman Shum, Esq – What Are Grandparents’ Rights in New York? delves into the legal avenues available for grandparents seeking visitation or custody of their grandchildren within the state. This episode provides a comprehensive overview of the circumstances under which grandparents can petition the court, emphasizing the balance between parental rights and the best interests of the child.
The discussion highlights New York's Domestic Relations Law Section 72, which permits grandparents to request visitation if one or both parents are deceased, or under certain "equitable circumstances." These may include situations where the grandparent-grandchild relationship has been significantly disrupted or where the child’s well-being is at stake. The episode also examines the impact of the landmark case Troxel v. Granville on New York's approach to grandparent visitation rights.
Listeners will gain insight into the legal criteria for establishing standing in court, such as demonstrating a substantial pre-existing relationship with the grandchild or showing that the parent has unreasonably denied access. The podcast outlines the necessary steps for filing a petition, including gathering supporting evidence, serving notice to the child’s parents, and preparing for the initial hearing. Additionally, it discusses the possibility of grandparents seeking custody in cases involving extraordinary circumstances or parental unfitness.
Whether you're a grandparent seeking to understand your legal rights or someone interested in family law dynamics, this episode offers valuable information on navigating the complexities of grandparent visitation and custody in New York. Tune in to learn how the legal system strives to preserve meaningful family bonds while respecting parental authority.
Law Office of Richard Roman Shum, Esq
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