Q: I am curious to know if any NY lawyer (specifically westchester county) has ever had a grandparents rights case where petitioner won visitation when there has never been a pre-existing relationship with the child, you’ve been estranged for several years and both parents are married, deemed fit and competent as parents? I do have paid counsel and dealing with this situation currently. I am terrified and sick to my stomach everyday thinking the judge is going to rule in my MILs favor. Zero visitation is what i want. We have been through the ringer in court and our judge seems to be making bad call after bad call. Petitioners only motive and argument for seeking visits is purely because “she has love and affection to give and wants to meet her grandson”. A psychiatric evaluation has been conducted by all parties and I am anxiously awaiting the report to be handed in to the courts. Any insight on NY grandparents rights would be helpful because I have no idea how I am here. We are an intact married couple, financially stable,
No criminal history or drug use, well educated and great careers. I feel as if I’m missing something. Any tactics for winning the judge over?
A: The short answer is: yes, it’s possible. Where the grandparent is able to convince the Judge that the reason s/he hasn’t had a sufficient relationship is due to parental interference, then the Judge won’t necessarily count the lack of a relationship against the grandparent. For a 2d opinion, call a Westchester Family Law attorney to schedule a consult.