Written by attorney Ingrid Gherman | Dec 11, 2014

Grandparents' Visitation Rights in New York State

Under the New York Domestic Relations Law, grandparents have the right to visit with grandchildren, even though the parents are not deceased, under the following circumstances:

Additional resources provided by the author

NY Domestic Relations Law, Section 72. See also Emanuel S. v. Joseph E, 78 N.Y.2d 178, 573 N.Y.S.2d 36, 577 N.E.2d 27 (1991) where the Court of Appeals held that Domestic Relations Law § 72 may be applied to grant "standing" to grandparents to seek visitation with a grandchild when the nuclear family is intact and despite the parents' objection. In E.S. v. P.D., 8 N.Y.3d 150, (2007) the Court of Appeals , held that section 72(1) of the Domestic Relations Law is constitutional in view of the United States Supreme Court's decision in Troxel v Granville, 530 U.S. 57 (2000), both on its face and as applied

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