Are there Grandparents right in New York State??

Posted in the Utica Forum

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LovingGrandmothe r

AOL

#1 Jan 25, 2011
I am a grandmother of two beautiful grandsons. I do not get along with their mother's and they keep the grandchildren from me . I was wondering if anyone had any dealings with Family Court in Oneida County to do with Grandparents Rights!
Thank You
Homemaker

Cortland, NY

#2 Jan 25, 2011
YES, YES, YES!!!! There are Grandparents RIGHTS!! Go for it! The courts like to see extended family get involved!!!
Not so fast

Bronx, NY

#3 Jan 25, 2011
If your the biological grandparent,.. Yes
If your husband is biological and your the "step" mom/grandparent , then no
LovingGrandmothe r

AOL

#4 Jan 25, 2011
I am the Biological grandparent of both grandsons
Do I have any rights

Newark, NJ

#6 Jan 25, 2011
You should have rights, but good luck. In Oneida county family court all they care about is how many people can get paid for you to go there 6 times with lawyers, judges, court sherrifs, ect ect The dirty laundry list of that court is huge. If the mother says no and weither she is lying or not there gonna take her word. You may after 5 court dates get "supervised visits" provided 2 hours a week. Your in a yucky situation and I wish you all the luck in the world. I'm sure you and the grandkids deserve fair visits with each other
momof3

Baldwinsville, NY

#7 Jan 25, 2011
LovingGrandmother wrote:
I am a grandmother of two beautiful grandsons. I do not get along with their mother's and they keep the grandchildren from me . I was wondering if anyone had any dealings with Family Court in Oneida County to do with Grandparents Rights!
Thank You
NO NO NO NEW YORK DOES NOT HAVE GRANDPARENTS RIGHTS!! I was told this to my face by not only 2 attorneys but Judge Cook himself stood in court and stated the same. The parents have to agree to it or you don't get them.
Just saying

Syracuse, NY

#8 Jan 26, 2011
momof3 wrote:
<quoted text>
NO NO NO NEW YORK DOES NOT HAVE GRANDPARENTS RIGHTS!! I was told this to my face by not only 2 attorneys but Judge Cook himself stood in court and stated the same. The parents have to agree to it or you don't get them.
Sorry, but you are incorrect. Yes, there are Grandparents rights in NY State. You just need the correct judge that will listen to all sides and make the correct decission. That simple.
Sick Nana

Lake Placid, NY

#11 Jan 26, 2011
Long Time Utican wrote:
Grandparents have visitation rights BUT only if BOTH the biological parents agree with their visitation.
If you are not getting along with the biological Mother of your Grandsons, the Court will listen to her reasons why she doesn't want to allow you to visit with them which will carry a lot of weight in the final Court's decision.
It is much easier to put up with whatever you don't like about your daughter in law which will end up giving you more access to visiting your Grandsons - and everyone will benefit so much more.
Visitation is a slur and is generally reserved for prisoners, the sick and the elderly who seek company. Parents and grandparents should not be viewed as merely "visitors." Get your vernacular up to par.
momof3

Baldwinsville, NY

#13 Jan 27, 2011
Just saying wrote:
<quoted text>
Sorry, but you are incorrect. Yes, there are Grandparents rights in NY State. You just need the correct judge that will listen to all sides and make the correct decission. That simple.
That is not true. NYS has NO Grandparents rights. It has to be agreed upon by the parents. I beg to differ with you but you are incorrect!!
Just my thoughts

Syracuse, NY

#14 Jan 28, 2011
momof3 wrote:
<quoted text>
That is not true. NYS has NO Grandparents rights. It has to be agreed upon by the parents. I beg to differ with you but you are incorrect!!
I still have to disagree with you. My brother and his wife are going thru this as we speak. They have petitioned the court for vistitation. They have a court date scheduled to hear all sides of the visitation issue. The mother, the father, and the grandparents (my brother and sister in law). There is standing for visitation in NYS. If there wasn't they wouldn't have gotten a court date.
More retards

Rome, NY

#17 Jan 28, 2011
Sick Nana wrote:
<quoted text>
Visitation is a slur and is generally reserved for prisoners, the sick and the elderly who seek company. Parents and grandparents should not be viewed as merely "visitors." Get your vernacular up to par.
She can't. Look how she modded your comment down lmao! With Nana it's ALL personal. She must not have many people who can put up with her retarded ass at home, that's why she's on topix.
Long Time Uterus

Rome, NY

#19 Jan 28, 2011
Long Time Utican wrote:
<quoted text>
Before you start with your insults, at least know what the heck you are talking about!!!!
If you actually followed your own advice you so sanctimonously give to others...... you'd never post once! Spoken like a true, ignorant, racist retarded utican. Enjoy your misplaced misery and seething hate Nana, you earned it!
Long Time Utican

Utica, NY

#22 Jan 28, 2011
I want you inside of my FAT RACIST TURD CUTTER Leon....why do you turn me away?????

I enjoy having my grandson(fat racist grandparents rights) but I want a REAL MAN like you to back door me!

Can I sit my fat butt on your face Leon???

I will not pweet a muff fart in your face!
momof3

Baldwinsville, NY

#23 Jan 28, 2011
Just my thoughts wrote:
<quoted text>
I still have to disagree with you. My brother and his wife are going thru this as we speak. They have petitioned the court for vistitation. They have a court date scheduled to hear all sides of the visitation issue. The mother, the father, and the grandparents (my brother and sister in law). There is standing for visitation in NYS. If there wasn't they wouldn't have gotten a court date.
I'm telling you that I've been in court regarding the same issue multiple times and seen the same outcome every time. They are given a court date. The judge tries to get the parties to agree. If the parents refuse to allow it, there is nothing the judge can do. He cannot force the parents to allow the visitation, he can only recommend it. But, let us know what happens in your case. I can tell you that I have never seen them granted without the parents agreeing to it because there are no grandparents rights in NYS.
regret

Rockland, ME

#24 Jan 28, 2011
listen you will regeat going to court. it will put a big wedge between you and your child. the grandchildren will growup and hate that you pulled the fmaily apart. grandparents do have some rights but not enough. if the parents are good parents it is tough. just know you will regret loosing the family part in the end
Sandy

North Tonawanda, NY

#25 Jul 4, 2011
My son has 2 children with his ex-girlfriend. She is made at him and now will no longer allow me to see my grandsons. Is this legal?
been there done that

Saint Johnsville, NY

#27 Jul 13, 2011
i have been through this in court and there are no REAL grandparents rights you can look up the law online . HOWEVER family courts in new york state like to give grandparents a once a month token visit unless the parents can prove a reason not to and you can prove that you have been a part of thier lives and will enrich there lives. This is if BOTH parents are against visitation If The grandparents child (ie. mother/father of the grandchild in question) is for the visitation then the courts will ask why they are not facilitating the visits on there time with the child. Be sure to get a lawyer as the court will not provide one for you no matter what your income is (in visitation cases they only provide one if you are the mother or father seeking visitation not the grandparent). They will however provide one to the parent that you are taking to court so you do not want to be unrepresented. In most cases the grandparent is awarded 3 hours one saturday a month. I hope this helps
been there done that

Saint Johnsville, NY

#28 Jul 13, 2011
ny domestic relations law article 5 section 72

72. Special proceeding or habeas corpus to obtain visitation rights
or custody in respect to certain infant grandchildren. 1. Where either
or both of the parents of a minor child, residing within this state, is
or are deceased, or where circumstances show that conditions exist which
equity would see fit to intervene, a grandparent or the grandparents of
such child may apply to the supreme court by commencing a special
proceeding or for a writ of habeas corpus to have such child brought
before such court, or may apply to the family court pursuant to
subdivision (b) of section six hundred fifty-one of the family court
act; and on the return thereof, the court, by order, after due notice to
the parent or any other person or party having the care, custody, and
control of such child, to be given in such manner as the court shall
prescribe, may make such directions as the best interest of the child
may require, for visitation rights for such grandparent or grandparents
in respect to such child.
2.(a) Where a grandparent or the grandparents of a minor child,
residing within this state, can demonstrate to the satisfaction of the
court the existence of extraordinary circumstances, such grandparent or
grandparents of such child may apply to the supreme court by commencing
a special proceeding or for a writ of habeas corpus to have such child
brought before such court, or may apply to family court pursuant to
subdivision (b) of section six hundred fifty-one of the family court
act; and on the return thereof, the court, by order, after due notice to
the parent or any other person or party having the care, custody, and
control of such child, to be given in such manner as the court shall
prescribe, may make such directions as the best interests of the child
may require, for custody rights for such grandparent or grandparents in
respect to such child. An extended disruption of custody, as such term
is defined in this section, shall constitute an extraordinary
circumstance.
(b) For the purposes of this section "extended disruption of custody"
shall include, but not be limited to, a prolonged separation of the
respondent parent and the child for at least twenty-four continuous
months during which the parent voluntarily relinquished care and control
of the child and the child resided in the household of the petitioner
grandparent or grandparents, provided, however, that the court may find
that extraordinary circumstances exist should the prolonged separation
have lasted for less than twenty-four months.
(c) Nothing in this section shall limit the ability of parties to
enter into consensual custody agreements absent the existence of
extraordinary circumstances.
been there done that

Saint Johnsville, NY

#30 Jul 13, 2011
I know someone who was awarded it ... AGAINST BOTH parents wishes ... until she screwed it up by abusing the child (this is why they objected) so it does happen i advised a woman on my block to go for it and she got it as well so it can happen
i need some answers

Bellevue, WA

#31 Aug 7, 2011
my two month old daughters paternal grandparents are threatening me with grandparent rights. they say they dont see her enough even though i bring her there at least three times a month. they have never once called to see hows shes doing or came to my home to visit her. i am a stay at home mom while her father works 12 hr shifts. we barely have time to do anything let alone drive 40 miles to see them all the time. is there anything i can do to stop this because it is putting way too much stress on her father and i. and if there isnt what is the most the court would give them. they are not safe for my daughter to be around alone. can someone please help me out.

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