Can grand parents have joint custody of my kids?

Asked over 4 years ago - New York, NY

i have 2 kids one is not related to the grandparents through blood the other one is. can the grandparents still have joint custody of the kids?

Attorney answers (2)

  1. Ronald Anthony Sarno

    Contributor Level 20

    Answered . This is impossible to answer without knowing the role of the two fathers. Assuming neither father has an objection, the grandparents can best act as temporary guardians instead
    of having joint custody. This allows them to assist with their medical and educational needs.
    If you need to discuss your legal options with a NYS family lawyer, you might contact my partner James DeFelice who does this law in NYC. His contact information is posted below.
    On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you:


    Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems;
    Introduction to Legal terms used in litigation; Limitations on a Lawyer’s License: What a Lawyer Can and Cannot Do……………………………..…………………………..

    New York City: A Guide to the Courts……………………………………..


    Divorce and Legal Separation in General and How It's Handled in New Jersey
    (There is valuable information there for unmarried parents in NYS too).
    Financial Dos and Don'ts after a Divorce (written by Attorney Gabriel Cheong)


    FYI my law partner James DeFelice practices family law in your part of NYS. You can access his contact information on his avvo profile or on our firm’s website: www.sarnoanddefelice.com


    LEGAL DISCLAIMER…………………………………………………………………..
    Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.

  2. Martin Alan Cohen

    Contributor Level 8

    Answered . The answer depends on the way you are asking the question. In general, if a parent is able and ready to parent there is no reason for grandparents to have joint custody. Grandparents often lose these cases unless they can show the Court that they have taken on a parental role for a substantial period of time.

    Grandparents, and even non-family members, however, can obtain joint custody if there is agreement and a desire by the parent. A grandparent can can also petition for sole or joint custody when the parent is no longer able or willing to parent.

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