When Grandparents Step In: Custody and Visitation Rights in New York

Across the country, millions of grandparents are raising their grandchildren due to addiction, incarceration, neglect, abuse, or family instability. In many of these cases, grandparents are the only family members who can provide a safe, stable home. But while love and commitment are enough to hold a family together emotionally, they’re not always enough legally.

Under New York law, grandparents can petition the Family Court for custody or visitation, but these rights are not automatic. Grandparents must meet specific legal requirements to show that intervention is justified.

Steven Zalewski, Esq., a respected Suffolk County family law attorney, has spent decades representing grandparents who step in during family crises. His approach combines deep legal knowledge with compassion — because every case involves more than statutes and paperwork; it involves family, love, and hope.

Grandparent Rights Under New York Law

In New York, grandparents’ rights are defined by Family Court Act Articles 6 and 10, as well as Domestic Relations Law §72. These laws acknowledge that grandparents play an essential role in a child’s life — but also that their rights must be established through the courts.

There are two main types of petitions grandparents can file:

1. Custody Petitions – requesting legal and physical custody when parents are unable to care for the child.
2. Visitation Petitions – requesting ongoing, court-ordered time with a grandchild when access is denied by a parent.

In every case, the Family Court’s guiding principle is the “best interests of the child.” The court must decide what arrangement will promote the child’s emotional, physical, and psychological well-being — even if it means granting custody or visitation to a grandparent over a parent’s objections.

Understanding “Standing”

Before the court can even consider a case, a grandparent must have “standing” — the legal right to bring a petition before the court.

To gain standing, grandparents must show they have a substantial existing relationship with the child or that extraordinary circumstances justify court involvement.

Examples of extraordinary circumstances include:

• A parent’s death.
• A parent’s incarceration.
• A parent’s abandonment, neglect, or abuse of the child.
• Severe mental illness or substance addiction.

Custody vs. Visitation

Grandparent Custody

When grandparents seek custody, they are asking the court for legal authority over the child’s upbringing — including education, medical care, and residence.

Custody cases often arise when:

• A parent is unfit or incapable of caring for the child.
• CPS (Child Protective Services) removes the child from parental custody.
• Parents voluntarily agree to a placement with grandparents.

The court will evaluate several factors to determine custody, including:

• Stability of the home environment.
• The emotional bond between grandparent and child.
• The child’s safety and welfare.
• Each party’s ability to meet the child’s physical and emotional needs.

Grandparent Visitation

Visitation cases typically arise when a parent denies contact. Even if the parents are fit, a grandparent may be granted visitation if it serves the child’s best interests.

Courts consider:

• The existing relationship between the grandparent and grandchild.
• The reason for the parent’s objection.
• The impact on the child’s emotional well-being.

How Grandparents File for Custody or Visitation

Filing the Petition

A grandparent begins the process by filing a custody or visitation petition in the Family Court where the child resides — such as Suffolk County Family Court. The petition must detail the relationship, explain why intervention is necessary, and include any supporting evidence.

Service of Process

Both parents must be formally served with the petition and notified of the hearing.

The Hearing Process

The case then proceeds through several stages:

• Preliminary appearance: The court determines standing.
• Fact-finding hearing: Evidence and testimony are presented.
• Dispositional hearing: The judge issues a custody or visitation order.

An Attorney for the Child (AFC) may be appointed to represent the child’s interests. The court may also request a home study or background check on the grandparents.

Temporary Orders and Modifications

While the case is pending, the court can issue temporary custody or visitation orders to maintain stability.
Later, orders may be modified if circumstances change — for example, if a parent enters recovery or if the child’s needs evolve.

Proving Extraordinary Circumstances

This is often the most challenging part of a grandparent custody case. The court requires solid evidence that a parent cannot safely care for the child. Helpful forms of proof include:

• CPS or police reports.
• Medical or school records documenting neglect.
• Testimony from teachers, doctors, or relatives.
• Evidence of prior caregiving, such as financial support or school enrollment.

Each case is unique, and success often depends on preparation and presentation. A well-documented petition — guided by an experienced attorney like Steven Zalewski — can make all the difference.

Protect the Bond That Matters Most — Your Family

When parents can’t care for their children, grandparents often become the heroes who step in. But without legal recognition, even the most devoted grandparent can face heartbreaking barriers.

If you’re a grandparent seeking custody or visitation in Suffolk County Family Court, don’t face it alone. Attorney Steven Zalewski, Esq. will guide you through every step — from filing the petition to presenting evidence — ensuring your rights and your grandchild’s best interests are protected.

📞 Cell: +1-516-660-4354
📞 Office: (516) 377-7830
📧 Email: steve@zandzfamilylawyers.com
📍 Address: 1601 Veterans Memorial Highway, Suite 500, Islandia, NY 11749

Steven Zalewski believes family law is law about life — and few cases reflect that more powerfully than grandparents fighting to keep families together. Call today to schedule a confidential consultation and take the first step toward protecting the bond that matters most.