New York Grandparents Custody

The relationship between a grandchild and his/her grandparents is one of the most fulfilling, nurturing relationships that exist.  The relationship a grandchild and his/her grandparents have is irreplaceable and, in some cases, detrimental to the child’s growth.  These strong relationships are even more important when one or both of the child’s biological parents are incapable of properly caring for the child.  In New York, it has become increasingly common for grandparents to take responsibility for their grandchildren due to negligence on behalf of the biological parents.  In many cases, the grandparents become the primary caregivers, without any aid or assistance from the biological parents.     

New York law grants grandparents the right to petition the court for custody of their grandchildren.  If the one or both of the child’s biological parents are deceased, or if the biological parents fail to provide adequate care for the child, the grandparents may be awarded custody.  The rights of grandparents are recognized by New York state legislature. 

Reasons Grandparents Petition for Custody
Grandparents may feel it necessary to petition the court for custody of their grandchild for a variety of reasons.  In all cases, it is the grandparents’ concern for the child’s well being that motivates them to take legal action.  Common reasons grandparents petition for custody of their grandchildren include: 

• Child abuse
• Child neglect
• Underage parents
• Incarcerated parents
• Deceased parents
• Incidents of domestic abuse
• Parents involvement in criminal activity   

Grandparent Custody Factors
Before the court can grant custody or visitation to grandparents, they must consider the best interests of the child and believe that the child has a strong bond with his/her grandparents.  The court must also carefully evaluate a variety of factors to determine if the grandparents are capable of providing satisfactory care and security for the child.  The factors the court will evaluate are:

• The physical and emotional needs of the child
• The safety of the child
• The welfare of the child
• The ability of the grandparents to meet the needs of the child
• The child’s preference (if the child is above a certain age)
• The strength of the child-grandparent relationship
• The child’s ability to adjust to a new home environment
• The grandparent’s health
• The grandparent’s financial status

New York Child Custody Attorneys

If you are a grandparent who is involved in a child custody matter, you should speak with a skilled New York child custody attorney.  The knowledgeable attorneys at The Law Offices of Martin K. Lang have over 20 years experience helping clients with their child custody matters.  At The Law Offices of Martin K. Lang, our family law attorneys are attentive and compassionate to our clients needs.  When you work with our experienced child custody attorneys, you can be assured that you are retaining reliable legal representation and up-to-date resources.  We will do everything possible to make sure your child custody case is handled in a timely, professional manner. 

Our initial consultations are free of charge so that you can seek the guidance you need without having to spend money on unjustifiable legal fees. 

Contact The Law Offices of Martin K. Lang
 (516) 227-2255
(631) 226-4200

The Law Offices of Martin K. Lang proudly serves clients throughout New York in Long Island, Garden City, Suffolk County, Nassau County, and Mineola. 

Contact us about your legal matter today!