Grandparents Child Visitation Rights After Divorce

As with most issues that arise during a divorce, a Separation Agreement between the parties can address the topic of what rights a grandparent will have once the divorce is final.

This is especially important when the parties are not able to communicate or if they do not have a good relationship with their ex spouse’s extended family.

If the issue of grandparent visitation or access is left open after a divorce is finalized, grandparents may find themselves in the unfortunate situation of having to seek the court’s assistance in maintaining a relationship with their grandchild.

In New York a grandparent’s “legal” right to visitation is set forth in Domestic Relations Law Section 72. Although DRL Section 72 recognizes the bond that exists between a child and their grandparent, it does not guarantee a grandparent the right to see their grandchildren following a divorce or a death.

Instead, when a grandparent seeks access to a grandchild under Domestic Relations Law Section 72, the grandparent must first prove to the court that they have “standing” or the right to seek the visitation. This proof is established when one of the parents has died or where there are equitable circumstances, such as a custodial parent’s refusal to provide access between a child and a grandparent. Once the court establishes a grandparent’s right to be heard, then it must determine if the visitation is in the best interest of the child.

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