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Grandparents’ Rights Lawyer

Protecting Your Relationship With Your Grandchild

A strong relationship between a grandparent and grandchild can provide love, stability, and family connection. When a parent blocks contact or a child may not be receiving safe care, a grandparents’ rights lawyer can explain the legal options available to you.

New York does not give grandparents automatic visitation or custody rights. A grandparent may still ask the court for visitation when one or both parents have died or when the family’s circumstances support court involvement. Custody cases have a higher legal standard. A grandparent generally must first show extraordinary circumstances before the court considers the child’s best interests. 

At Krasner Law, PLLC, we help grandparents understand what the law may allow, prepare a clear case, and decide whether negotiation or court action makes sense.

Grandparents often contact us because a parent has ended a close grandparent-grandchild relationship, the grandparent has provided regular care or housing, a parent has died or cannot care for the child, safety concerns exist, or a current order is not being followed.

Grandparents’ Rights Services

Protecting Your Bond and Your Grandchild’s Well-Being

At Krasner Law, we provide legal guidance for grandparents seeking visitation, custody, or help with an existing court order. We review your family history, explain the legal process in clear terms, and help you choose a path focused on the child’s needs.

Grandparent Visitation Rights

Grandparent rights in New York may allow you to ask the court for visitation when you have a meaningful relationship with your grandchild. The court first decides whether you have standing, then considers whether visitation would serve the child’s best interests under New York Domestic Relations Law Section 72. 

Grandparent Custody Rights

A grandparent seeking custody must usually show extraordinary circumstances, such as abandonment, surrender, ongoing neglect, parental unfitness, or a long disruption in parental care. After that finding, the judge considers what custody arrangement would be best for the child. 

Evidence and Case Preparation

Records may show the history of your relationship and the care you provided. Calendars, messages, school records, medical records, proof of housing, receipts, court orders, and a clear timeline may help explain your role in the child’s life.

Modification and Enforcement of Court Orders

A grandparent may ask the court to change an existing order when family circumstances have changed. Court action may also be available when a parent or caregiver refuses to follow a current visitation or custody order.

Understanding Grandparent Rights in New York

A grandparent does not receive visitation simply because the relationship would be helpful or because contact existed in the past. The court first looks at whether the grandparent has the legal right to file the case.

Standing may be available when one or both parents have died or when the family’s circumstances make court review appropriate. The court may look at the length of the relationship, the grandparent’s caregiving role, efforts to remain involved, why contact stopped, and the parent’s reasons for refusing visits.

A fit parent’s decision receives serious weight. For this reason, the grandparent should present a child-focused request rather than center the case on disagreements with the parent.

When Can a Grandparent Seek Custody?

A grandparent may consider seeking custody when the child is not receiving safe or stable care. These cases can involve abandonment, neglect, parental unfitness, serious substance misuse, family violence, or a parent who voluntarily left the child in the grandparent’s care.

New York law also recognizes an extended disruption of custody as a possible extraordinary circumstance. This may include a period of at least 24 continuous months when a parent voluntarily gave up care and control and the child lived with the grandparent. The court may consider a shorter period depending on the full history. 

A grandparent may file a custody petition in Family Court, but filing alone does not mean custody will be granted. The court must review the legal standard and the specific facts of the family. 

How a Grandparents’ Rights Lawyer Can Help

A grandparents’ rights lawyer can review your family history and explain whether the facts may support visitation, custody, modification, or enforcement.

Krasner Law can prepare the petition, organize records, review possible witnesses, respond to claims made by a parent, and represent you during negotiations or court hearings. We can also coordinate your case with related child custody or child visitation matters.

Some families agree on a visitation schedule without a hearing. Others need a judge to decide whether contact or custody is legally appropriate. We help you understand each option so you can make an informed choice.

Living Arrangements

One of the immediate concerns during a separation is determining who will stay in the marital home and how living arrangements will be handled moving forward. Whether one spouse will remain in the home, the property will be sold, or alternative housing arrangements are needed, Krasner Law ensures that all terms are clearly defined.

Considerations include:

  • Who will pay the mortgage, utilities, and maintenance costs.
  • Whether the home will be sold and how the proceeds will be divided.
  • Temporary arrangements if one spouse moves out before the home is sold.
  • Housing provisions for children to maintain stability in their schooling and routines.

Our legal team provides guidance tailored to your unique circumstances, balancing the emotional and financial implications of these decisions.

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Child Support

Ensuring that your children are financially supported is a fundamental part of any divorce agreement. New York and New Jersey have specific guidelines for calculating child support, which typically consider:

  • Each parent’s income
  • The number of children involved
  • Custody arrangements
  • The child’s needs, including education, healthcare, and extracurricular activities

At Krasner Law, we make sure your agreement adheres to these guidelines while accounting for additional expenses such as private school tuition, college savings plans, or extraordinary medical needs. Our goal is to create a support structure that reflects your children’s best interests while being fair and manageable for both parents.

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Child Custody and Visitation

Child custody and visitation arrangements are often the most emotionally charged aspects of a divorce agreement. At Krasner Law, we prioritize creating a parenting plan that reflects the best interests of your children while maintaining balance and cooperation between parents.

Custody agreements typically address:

  • Physical custody: Where the child will live on a day-to-day basis
  • Legal custody: Which parent will make decisions about education, healthcare, and other significant matters
  • Visitation schedules: Structured plans for the non-custodial parent, including holidays, vacations, and special occasions

We strive to foster agreements that encourage meaningful relationships between children and both parents, while also accounting for unique factors like school districts, extracurricular activities, and parents’ work schedules.

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Child Support Obligations

Child support is calculated based on state guidelines, but disagreements can arise regarding:

  • Accurate reporting of income
  • Sharing of educational and extracurricular expenses
  • Changes in financial circumstances

Understanding the nuances of child support calculations ensures the final arrangement is both fair and enforceable.

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Child Custody and Parenting Time

Child custody disputes can be emotionally charged and require careful consideration of the child’s best interests. Courts assess various factors, including:

  • The child’s relationship with each parent
  • Parental ability to provide a stable environment
  • Educational and healthcare needs
  • Any history of abuse or neglect

Crafting a parenting plan that supports the child’s well-being while protecting your parental rights is crucial in these cases.

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Enforcing Child Support Orders

Unfortunately, not all parents comply with child support obligations as ordered by the court. When payments are missed or withheld, enforcement actions can be taken. These measures may include wage garnishment, seizure of tax refunds, property liens, or, in extreme cases, legal penalties. Enforcement ensures that the child’s financial needs are met and that court orders are upheld.

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  1. Do grandparents have automatic visitation rights in New York?

    No. A grandparent must first show a legal basis for bringing the case. If standing exists, the court then considers whether visitation would serve the child’s best interests.

  2. What does standing mean?

    Standing means you have the legal right to ask the court for visitation. The court may consider a parent’s death, your relationship with the child, your caregiving role, and your efforts to remain involved.

  3. What are grandparent rights in New York after a parent dies?

    A grandparent may ask the court for visitation when one or both parents have died. The judge still reviews whether the requested schedule would be best for the child.

  4. Can a grandparent get custody of a grandchild?

    Yes, in some cases. The grandparent usually must prove extraordinary circumstances before the court compares custody arrangements based on the child’s best interests.

  5. What counts as extraordinary circumstances?

    Examples may include abandonment, surrender, ongoing neglect, parental unfitness, or an extended disruption of parental custody. The judge reviews the full family history rather than relying on one fact.

  6. Does caring for a child for two years create custody rights?

    It may support a request for custody, but it does not automatically create custody rights. The court reviews who provided daily care, why the arrangement began, and how involved the parent remained.

  7. Can I file when a parent suddenly stops visits?

    Possibly. A prior close relationship, a history of caregiving, and reasonable efforts to maintain contact may support your case.

  8. Will the judge consider my grandchild’s wishes?

    The judge may consider the child’s wishes when the child is mature enough to express a thoughtful view. The child’s preference is one part of the court’s decision.

  9. Can an existing visitation order be changed or enforced?

    Yes. A party may ask the court to change an order after a meaningful change in circumstances or seek enforcement when someone refuses to follow its terms.

  10. What should I bring to my first meeting?

    Bring current court orders, messages, calendars, caregiving records, school or medical documents, and a timeline of important events. You should also be prepared to explain the result you hope to seek.

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If you are looking for a lawyer who genuinely cares and will stand by your side until your case is resolved, look no further. From start to finish, Leona exceeded every expectation. She is incredibly knowledgeable and professional. She remained unwavering in her pursuit of the best possible outcome for my case. I also cannot say enough about her amazing paralegal team. I wholeheartedly recommend Leona and her team!
Charlene P
5 stars does not quite give the entire picture of just how dedicated Krasner Law is to ensuring their clients best interests! I have worked with this law firm previously and I must say that Leona Krasner and her team are making waves in the Matrimonial and Family Law practice in Greater New York City and the State of New York! You will not find a firm that works harder, pays attention to detail, or that gets better results for their clients! I highly recommend this firm if you’re looking for a solution to your legal problem(s)!
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From start to finish, my experience was nothing short of exceptional. Leona is a true professional—she is able to maintain professionalism while making you feel comfortable. Leona is an absolute shark in the best way possible. She is firm and ensured I got everything I wanted and more. Her assertiveness and expertise gave me confidence throughout the process. I’m so grateful for everyone’s help and would undoubtedly recommend Leona’s team!
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Krasner Law was amazing. They really took the time to hear my story and made sure we took the best approach to support my case. Leona and her team were knowledgeable, professional, but still caring and compassionate. Erica was patient and took the time to help me understand all of the crazy court forms. She made me informed and comfortable at every step. I highly recommend using their services for any family law needs.
Chelsea Fone
I had the pleasure of meeting Leona Krasner and I can’t recommend her highly enough. She is incredibly professional, knowledgeable, and dedicated to helping her clients with all aspects of family law. If you’re looking for someone who truly cares about your needs and will work diligently on your behalf, Leona is an excellent choice. Highly recommend!
Anthony Castro
I highly recommend Krasner Law PLLC for family law matters. I worked with Leona and her team at Krasner Law for over a year and I was inspired by the teams enthusiasm and dedication to their work on a daily basis. Leona is a passionate and determined attorney who is supported by an equally compassionate and conscientious legal team. Erica in particular is highly skilled, attentive and proficient. The team are committed to providing the best service for their clients and I could not recommend them more.
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