Home > Research Legal Advice > Child Custody > Can a grandparent sue a non custodial parent for visitation
Asked almost 3 years ago - Syracuse, NY
FlagMy ex husband and I have joint custody of our twin sons with him as primary residence. I told my father that he can no longer see my sons on my time since he has disowned me as a daughter. I did tell him that he could see them once a month.He told me that he ws going to take me to court. Can he sue me for visitation if I am the non custodial parent?
Grandparents have little standing to seek visitation absent specific circumstances.
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A grandparent can commence a proceeding for visitation in the Family Court, by filing a petition that will be addressed to both parents. The grandparent will have to demonstrate that he has 'standing', which will mean proving that he has an existing relationship with the grandchildren, and that it would be beneficial to have that relationship continue.
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