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Grandparent visitations rights

Stony Point, NY |

Can my DIL refuse visits w grandkids even if it is in the divorce agreement. Divorce not final yet, but my son wants me to have visitation rights while away. He's active Military. I have a well established relationship w the kids ages 7 & 9. I will bring proof of our relationship to the hearing, such as pictures & e-mails between us where my grandson tells me how much he misses me & that things are not the same w/o me there. My DIL has cut tries between the kids & me, not allowing communication at all. I had created a e-mail acct for my grandson to communicate, Ive been sending him messages, telling him I don't call cause I lost their #. He hasn't opened them, may have forgotten the password, but my messages r there to show him 1 day, just in case she tells them I dont love them anymore

Attorney Answers 3


  1. In NY Grandparents can petition for visition with their grandchildren if the parents are divorced. Is your son represented by counsel? If so, I suggest you contact them. If not, I urge you to contact a local attorney familiar with custody matters to discuss your options. I hope this helps and wish you the best.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


  2. Courts generally will do what is in the best interests in the chidlren. Grandparents do have rights in NY. Contact your son's lawyer or hire your own.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


  3. Depending on the stage the divorce case is in, you can move to intervene in the divorce case to pursue your rights to visitation. Otherwise, you should follow-up by filing a petition in Family Court. I also encourage you to schedule a consultation with a Child Custody/Visitation lawyer in your area.

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