Q: I’m curious to know how it works in NY with grandparents rights/withdrawing a petition. Mother in law is suing my husband and I for visitation of our child whom she’s never met/has no prior relationship with. Our judge granted her standing so far (based on a few text messages she sent) back in March. We are already at a full fledged trial on the calendar, court ordered psychiatric evaluation came back in our favor, AFC on our side and the lawyers are trying to get us to settle with a few photos a year and some gifts being accepted by her but the real kicker is her attorney wants us to NOT contest the standing. I mentioned how we “MIGHT” be willing to settle by sending her a picture or 2 a year IF she agrees to withdraw her petition but I am not agreeing to not contest the standing. Who’s to say in 2 years we won’t be right back here in the same boat when she decides she wants more?? There has been some back and forth between AFC and our lawyer as to what happens with the case if she withdraws. Does the entire case die if she withdraws? i.e. standing also goes away? Or does she still always have standing if she withdrew and I’d have to appeal in order to make that go away? Thanks
A: If there’s already a court order which granted her standing, then even if she withdraws, she can always file a new petition. If she does, most likely she’ll reference the Court to the prior order granting her standing as that would be “law of the case” & the Court would not likely re-visit the issue (unless new facts have arisen in the interim). For a 2nd opinion, schedule a consult with a White Plains Family Law attorney.