Do Grandparents Have Visitation Rights in New York?

Are you concerned about how a divorce, separation, or death might interfere with your relationship with your grandchildren? These life-altering changes in the family can impact the grandparent-grandchild relationship, especially when a surviving or custodial parent tries to limit your time together.

Grandparents' rights are always secondary to parents' rights. But in certain cases, a judge can order grandparent visits, even over the objection of the child's parent. Here's an overview of grandparent visitation rights in Maryland.

Do Grandparents Have Visitation Rights?

New York law allows grandparents to ask the court for visitation of a grandchild under certain circumstances. A grandparent can file a petition when:

• one or both parents of the child have died, or
• equitable circumstances exist that justify court intervention, such as when the grandparent has an existing relationship with the grandchild or the parents have prevented the grandparent from establishing a relationship.

(N.Y. Dom. Rel. Law § 72 (2025).)

What Do Grandparents Have to Prove to Get Visitation?

The grandparent asking for visitation has the "burden of proof" (the duty to provide sufficient evidence) to show a legal right to court-ordered time and that the proposed visits are in the child's best interests.

First, you must establish legal grounds for your request. If one or both parents die, this determination is automatic. If one or both parents are living, you must prove an existing relationship with your grandchild or demonstrate that the child's parent(s) have prevented you from establishing one.

Judges must give great weight to parental preferences regarding who gets to visit their children, balancing the parents' objections with other factors, such as the current family structure and the extent of any existing relationship. Evidence of animosity between a grandparent and parent(s) is relevant but not enough, alone, to deny a request for court-ordered time.

New York judges assess the child's best interests in grandparent cases using a totality of circumstances approach, focusing on factors like:

• the child's health, safety, and development
• the quality and depth of the relationship between the grandparent and grandchild
• the grandparents' physical and mental health
• the reasons the parent objects to visitation, and
• the grandparents' ability to cooperate with the parent when necessary.

The court may assign an attorney to represent the child's interests who is specially trained to present his or her wishes or speak in his or her best interests.

(Matter of E.S. v. P.D., 8 N.Y.3d 150 (2007).)

Do I Have Rights If My Grandchild Is Adopted?

In New York, adoption does not automatically prevent a biological grandparent from petitioning the court for visitation under certain circumstances. However, grandparents must still meet all normal requirements.

Courts give strong weight to adoptive parents' decisions and the privacy and stability of adoptive families. Grandparent visitation is more likely to be considered when the adoption is by a stepparent or other family member who maintains existing family relationships. When a child is adopted by unrelated third parties, judges are less likely to grant visitation to protect the adoptive family's privacy.

(People ex rel. Sibley v. Sheppard, 54 N.Y.2d 320, 429 N.E.2d 1049 (1981).)

Do Grandparents Have Custody Rights?

New York uses a two-step process to determine whether to award custody to a grandparent. First, the grandparent must prove that "extraordinary circumstances" exist, which give them legal standing to seek custody over a parent. Second, if extraordinary circumstances are established, the grandparent must prove that awarding them custody is in the child's best interests.

Examples of extraordinary circumstances include:

• parental unfitness (such as severe neglect, abuse, substance abuse, or criminal behavior)
• abandonment by the parent
• persistent neglect
• surrender of the child by the parent
• the death of one or both parents
• extended disruption of custody—when the child has lived with the grandparent for at least 24 continuous months while the parent voluntarily gave up care and control (shorter periods may also qualify depending on the specific situation).

If extraordinary circumstances are proven, the court then evaluates what custody arrangement serves the child's best interests, considering all of the circumstances.

(Suarez v. Williams, 26 N.Y.3d 440 (2015); N.Y. Dom. Rel. Law § 72 (2025).)

Does Adoption Terminate Grandparents' Rights?

In New York, adoption does not automatically prevent a biological grandparent from petitioning the court for visitation under certain circumstances. However, grandparents must still meet all normal requirements.

Courts give strong weight to adoptive parents' decisions and the privacy and stability of adoptive families. Grandparent visitation is more likely to be considered when the adoption is by a stepparent or other family member who maintains existing family relationships. When a child is adopted by unrelated third parties, judges are less likely to grant visitation to protect the adoptive family's privacy.

(People ex rel. Sibley v. Sheppard, 54 N.Y.2d 320, 429 N.E.2d 1049 (1981).)

Understanding Your Options

During times of transition, like death and divorce, grandparents sometimes lose access to their grandchildren. New York law prioritizes a child's best interests above all and gives great weight to parents' decisions about who can spend time with their children. But grandparents have legal rights too, offering hope to grandparents who want to maintain a relationship with their grandchild.

If you have questions about getting visitation or custody of your grandchildren in New York, contact a local family law attorney for advice.