Grandparent Custody Attorney on Long Island

Few relationships in life are as powerful and enduring as the bond between a grandparent and a grandchild. Grandparents offer love, wisdom, and stability — often becoming the emotional backbone of the family. But when parents are unable to care for their children due to addiction, neglect, incarceration, or other forms of instability, grandparents frequently step in to protect the ones they love most.

In New York, the law recognizes that there are times when grandparents must take on a greater role — not just as supporters, but as legal caregivers. The New York Family Court Act allows grandparents to seek custody or visitation under specific and often challenging circumstances. However, these cases are complex, emotional, and require clear legal proof that intervention is necessary to safeguard the child’s well-being.

Attorney Steven Zalewski, Esq. is a Long Island family law attorney who has spent over 40 years representing families in custody, visitation, and neglect proceedings throughout Suffolk and Nassau County Family Courts. He has handled thousands of cases under Articles 6 and 10 of the Family Court Act, including petitions involving parental unfitness, substance abuse, and child neglect.

Steven understands both the emotional stakes and the procedural demands of these cases. His approach is straightforward and empathetic — combining his deep legal knowledge with genuine compassion for families in crisis. For grandparents seeking to protect and stabilize their grandchildren’s lives, he provides the steady guidance and skilled advocacy needed to achieve lasting security and peace of mind.

Understanding Grandparent Custody in New York

When grandparents pursue custody, they are asking the court to recognize that they — not the parents — should have primary legal authority and physical care of the child. This is different from visitation, which seeks limited, court-ordered time with the child but not full parental rights.

Custody vs. Visitation

• Custody: Grandparents assume responsibility for the child’s daily care, housing, schooling, and medical decisions.
• Visitation: Grandparents maintain contact through court-ordered visits but do not take on legal or physical custody.

Under Article 6 of the New York Family Court Act, grandparents can file a custody petition if they can demonstrate that “extraordinary circumstances” exist. This legal threshold must be met before the court will even consider awarding custody to a non-parent.

While courts generally favor keeping children with their biological parents, the law also recognizes that not all parents are fit or available to provide a safe environment. In cases where the parent is unfit or the child’s welfare is at risk, custody may be awarded to a grandparent if it serves the child’s best interests.

These proceedings fall under Family Court Act §651, which governs custody and visitation petitions in New York. However, navigating the statute’s requirements and proving the necessary conditions demands careful preparation.

What Are “Extraordinary Circumstances”?

The term “extraordinary circumstances” refers to situations so serious that they justify overriding a parent’s natural right to custody. This is not a simple standard to meet — it requires clear, convincing evidence that the parent is unable or unwilling to provide proper care.

Examples of Extraordinary Circumstances Include:

• Parental substance abuse or addiction that endangers the child’s well-being.
• Severe neglect or abuse, either documented by Child Protective Services or witnessed by others.
• Incarceration of one or both parents, leaving the child without stable care.
• Long-term abandonment or lack of contact between parent and child.
• Death or incapacitation of a parent, leaving the child without adequate guardianship.
• Extended residence with grandparents, where the child has lived with them for a significant period and formed a strong emotional attachment.

Once grandparents establish “standing” — meaning the legal right to bring the case — the court will move to the next stage: determining whether granting custody to the grandparents serves the best interests of the child.

This step often requires extensive documentation, testimony, and expert opinions. Steven Zalewski meticulously prepares these cases, gathering school records, medical reports, social worker evaluations, and witness statements to build a comprehensive picture of the child’s environment and needs. His approach ensures that judges see not just the legal argument, but the human reality — the care, love, and stability that grandparents provide.

The Best Interests of the Child Standard

In every custody case, the guiding principle of New York Family Court is the best interests of the child. This standard goes beyond financial capability — it focuses on emotional, psychological, and developmental well-being.

Key Factors Courts Consider Include:

• Stability of the proposed home environment. Courts favor homes that provide consistency, structure, and emotional security.
• Emotional and psychological bonds between the child and the grandparent.
• History of parental neglect, substance abuse, or domestic violence.
• The child’s preferences, if the child is old enough and mature enough to express them.
• The grandparent’s ability to provide for the child’s education, healthcare, and emotional development.

In practice, the court looks for the environment that offers the greatest stability and nurtures the child’s sense of safety and belonging.

Attorney Steven Zalewski works closely with grandparents to demonstrate that they can meet these standards. He helps clients compile clear, organized evidence — from school attendance records and medical appointments to photos and testimony — proving the continuity and quality of their care.

The Process for Seeking Grandparent Custody in Family Court

The decision to seek custody of a grandchild is never easy. It often follows months—or even years—of watching a child caught in difficult or unsafe circumstances. Fortunately, New York Family Court provides a process for grandparents to take legal action when they believe it’s necessary to protect their grandchild’s well-being. Below is a step-by-step breakdown of how custody cases typically proceed in Nassau or Suffolk County Family Court, where most Long Island cases are filed.

Filing a Custody Petition

The process begins when a grandparent files a custody petition under Article 6 of the New York Family Court Act in the appropriate county — either Nassau or Suffolk Family Court, depending on where the child lives.

The petition must include:

• The reasons custody is being sought.
• A detailed explanation of the child’s current living situation.
• Evidence of parental unfitness or instability (e.g., neglect, substance abuse, incarceration).
• Supporting documentation, such as school, medical, or CPS records.

Because the Family Court requires precise and factual allegations, even minor errors or omissions can delay the case or cause it to be dismissed. Attorney Steven Zalewski, Esq. carefully drafts every petition to ensure it fully complies with court standards and persuasively presents the grandparents’ case from the start.

Service of Process

Once the petition is filed, the child’s parents (if living) must be personally served with copies of the petition and a court summons. This formal notice gives the parents an opportunity to respond and appear at the hearing.

Proper service is essential — if the parents aren’t notified correctly, the court cannot proceed. Steven ensures this procedural requirement is handled efficiently and in full compliance with New York Family Court rules.

Preliminary Hearing

At the preliminary hearing, the judge first determines whether “extraordinary circumstances” exist — the legal threshold giving grandparents the right (“standing”) to seek custody.

Steven presents detailed evidence at this stage, which may include:

• Medical records showing neglect or unaddressed health needs.
• School records documenting truancy or lack of parental involvement.
• CPS or police reports indicating safety concerns.
• Testimony from teachers, relatives, or social workers.

Once the court agrees that extraordinary circumstances exist, the case proceeds to a full custody determination.

Fact-Finding Hearing

This is the heart of the custody case — a formal hearing where both sides present their arguments, witnesses, and documentary evidence. The judge evaluates all testimony and records to determine what arrangement serves the child’s best interests.

Steven’s extensive courtroom experience allows him to present complex family situations clearly and persuasively. He questions witnesses, introduces critical documentation, and ensures the child’s safety and stability remain the focus of the court’s attention.

Custody Order

If the court grants custody, a formal custody order is issued. This document outlines:

• The grandparent’s legal and/or physical custody rights.
• The parents’ visitation schedule (if appropriate).
• Any ongoing supervision, reviews, or conditions set by the court.

A custody order gives grandparents full legal authority to make decisions regarding the child’s education, medical care, and overall welfare.

From the first petition to the final ruling, Steven Zalewski provides hands-on representation — ensuring every procedural step, filing, and hearing is handled with accuracy, care, and unwavering dedication to the child’s best interests.

Protect Your Grandchild’s Future — Contact Steven Zalewski Today

When parents cannot provide a safe or stable home, grandparents often become the anchors holding the family together. Pursuing custody or visitation is not about taking sides — it’s about protecting a child’s safety, emotional health, and future stability.

Attorney Steven Zalewski, Esq. has dedicated his career to helping families across Long Island through difficult transitions. With over 40 years of experience handling custody, visitation, neglect, and abuse cases in Nassau and Suffolk County Family Courts, he offers compassionate, strategic representation to grandparents who want to make a difference in their grandchildren’s lives.

Steven believes in honesty, preparation, and partnership — ensuring that you understand every step of the process and feel empowered throughout your case. His deep familiarity with local courts and unwavering commitment to family make him the trusted choice for grandparents across Long Island.

Contact Information

📞 Cell: (516) 660-4654
📞 Office: (516) 377-7830
📧 Email: steve@zandzfamilylawyers.com
📍 Address: 1601 Veterans Memorial Highway, Suite 500, Islandia, NY 11749