Grandparent Custody

Grandparent Custody & Visitation Rights in New York Family Court

Overview

In some families, grandparents play a vital role in raising and caring for children — sometimes even stepping in when parents can’t.
New York law recognizes these unique relationships and, under certain circumstances, allows grandparents to petition for custody or visitation in Family Court.

|⚖️ Steven Zalewski, Esq., a Suffolk County Family Law attorney with decades of Family Court experience, represents grandparents seeking to protect or preserve their relationship with their grandchildren — always with sensitivity, clarity, and deep respect for family bonds.|

When Can a Grandparent Seek Custody or Visitation?

Under New York’s Family Court Act (FCA §651 & §652) and Domestic Relations Law §72, grandparents may file a petition for:

• Custody (seeking legal responsibility for the child), or
• Visitation (court-ordered time with the child).

But grandparents must first show that they have “standing” — the legal right to bring the case — by meeting one of the following criteria.

The difference between custody and visitation is important — here’s how New York Family Court views each:

1. Standing for Custody (Extraordinary Circumstances)

Grandparents can only seek custody if they can prove extraordinary circumstances, such as:

• Parental unfitness, abandonment, neglect, or chronic substance abuse
• Extended disruption of custody, where the child has lived with the grandparent for a significant time (typically 24 months or more)
• A voluntary placement or consent by the parent allowing the child to remain in the grandparent’s care
• Serious safety or stability concerns for the child in the parental home

Once extraordinary circumstances are shown, the court will decide custody based on the best interests of the child, just as in a parent-versus-parent custody case.

“Extraordinary circumstances” don’t mean that a parent must be perfect — but they must show they can provide a safe, stable environment.
Steven carefully builds the evidence and history needed to help the court understand the child’s best interests.

2. Standing for Visitation (Substantial Relationship)

Even when parents retain custody, grandparents may petition for visitation if:

• One or both parents are deceased, or
• The grandparent can show an existing, substantial relationship with the child, and that continued contact is in the child’s best interests.

Courts consider:

• The strength and duration of the bond
• The reasons contact was limited or stopped
• The child’s age, needs, and preferences
• Any hostility between the parents and grandparents, and whether contact can occur peacefully

Suffolk County judges understand that children benefit from knowing their extended family — but they must balance this with the parents’ right to make decisions.

How to File a Petition

Step 1: File in the Proper Court

A custody or visitation petition is filed in Suffolk County Family Court under a V-docket (visitation) or N-docket (custody).

Step 2: Serve the Parents

All parents or legal guardians must be served with notice of the petition and given the opportunity to appear and respond.

Step 3: Attend Court Conferences or Hearings

• The case may first go to mediation or a conference to explore settlement.
• If no agreement is reached, a fact-finding hearing is scheduled.
• The court may appoint an Attorney for the Child (AFC) to represent the child’s interests.

Step 4: The Court’s Decision

The judge will weigh evidence and testimony about:

• The child’s emotional needs and safety
• The history of caregiving and relationship
• The parents’ wishes
• The stability offered by the grandparent’s home

If custody or visitation is granted, the court issues a formal Family Court Order.

What If the Parents Object?

Parents have a constitutional right to raise their children as they see fit.
Therefore, the burden on grandparents is high — but not impossible.

Steven helps grandparents:

• Gather proof of a close relationship or long-term caregiving role
• Document extraordinary circumstances that justify court involvement
• Present the case respectfully, without hostility toward the parents
• Advocate for child-centered visitation plans that meet everyone’s needs

“These cases aren’t about taking sides,” Steven explains.
“They’re about making sure children stay connected to the people who love them most.”

Enforcement & Modification

Once an order is issued:

• Visitation orders can be enforced if the parents unreasonably deny access.
• Custody orders can be modified if the child’s circumstances or safety change.
• Courts may refer families to mediation or therapeutic visitation to repair relationships.

Steven provides ongoing guidance to ensure orders are followed, realistic, and sustainable.

Resources for Suffolk County Grandparents

🔹 Suffolk County Family Court

400 Carleton Avenue, Central Islip, NY 11722
(631) 740-3800
Information & filing help: https://ww2.nycourts.gov/courts/10jd/suffolk/family.shtml

🔹 Legal Aid & Family Support

• Legal Aid Society of Suffolk County – (631) 853-5212
• Nassau Suffolk Law Services – (631) 232-2400 | nsls.legal

🔹 Community & Counseling Services

• Family Service League (FSL) – (631) 427-3700 | fsl-li.org
  Parenting, mediation, and grandparent support groups
• Long Island Council on Alcoholism & Drug Dependence (LICADD) – (516) 747-2606
  Counseling and family intervention support

All calls are confidential. These agencies can help with court preparation, parenting resources, or counseling for children navigating family transitions.

Steven Zalewski’s Approach

Steven understands that grandparents step forward out of love and concern, not conflict.
He works to:

• Establish standing clearly under New York law
• Prepare organized, persuasive petitions
• Protect the child’s stability and emotional health
• Seek amicable solutions whenever possible

“Family Court should protect families — not divide them,” Steven says.
“When grandparents are part of a child’s foundation, I make sure the court recognizes that.”

Contact Steven Zalewski, Esq.

Cell: (516) 660-4654
Office: (516) 377-7830
Email: steve@zandzfamilylawyers.com‍

Address: 1601 Veterans Memorial Highway, Suite 500, Islandia, NY 11749

Disclaimer

This information is for general educational purposes only and does not constitute legal advice.
Grandparent custody and visitation cases are fact-sensitive — consult an experienced Suffolk County Family Law attorney to discuss your specific situation.

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Learn More:

• Custody Cases
• Visitation Cases
• Modification Cases

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