Legal Question in Family Law in New York

visitation rights

My daughter died recently, leaving a young child. My daughter, her child and her partner lived with me prior to her death and afterwards for a few years. When my daughter passed, the childs father waited two months then took the child abruptly to another state. I petitioned for visitation but he was non-compliant; a second petition is now pending. Question: what rights do I have as a grandparent to force him to comply when the child is denied the right to have a meaningful and substantial relationship with her mother's family as well as myself?


Asked on 9/27/02, 6:29 pm

1 Answer from Attorneys

John Hayes The Law Office of John M. Hayes

Re: visitation rights

Hello. Condolences to you w/re: your loss.

This m'ssg brings you no particularly good news:

Grandparents' "rights" are nothing-at-all like grandparents believe they ought to be and are rather limited - - it might be more accurate to describe them as "privileges", subject to unilateral and/or "lop-sided" terms & conditions.

A 'disinterested' or 'disgruntled' parent can stymie the best intentions of even the most sincere grandparent, conscientiously interested in what seems like "the best intentions" {such as a "meaningful relationship with the mother's family").

Put otherwise: your's could turn out to be an uPhill battle and it is certainly the case that the situation is one in which the old adage: "you can catch more flies with honey than with vinegar" applies {i.e., gratuitous attacks on the fitness or "ingrate status" of the father will likely do more harm than good}.

Good luck {& be wary of those who would have you believe that lavishing grand amounts on atty's fees will make it all better).

Regards, etc.,

J.M. Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<

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Answered on 9/27/02, 8:02 pm


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