What are Grandparents’ Rights in New York? - Richard Shum

From Law Office of Richard Roman Shum, Esq. - What Are Grandparents' Rights in New York? explores how New York’s Domestic Relations Law § 72 allows grandparents to petition Family Court for visitation or, in certain circumstances, custody of a grandchild. In this episode, Richard Roman Shum discusses the legal framework governing grandparent visitation in New York, including the two-step process requiring grandparents to establish standing before a court evaluates whether visitation serves the child’s best interests.

Listeners will learn how New York County Family Court and Manhattan Family Court analyze these petitions, including the legal impact of the U.S. Supreme Court decision in Troxel v. Granville (2000) and how the Fourteenth Amendment protects a parent’s right to make decisions about their child’s upbringing. The discussion breaks down key concepts such as the equitable circumstances test, the legal significance of a parent being deceased, divorced, or absent, and how courts weigh the strength of the grandparent-grandchild relationship.

The episode also explains the important differences between visitation and custody petitions under DRL § 72 and DRL § 72(2), as well as related provisions under Family Court Act § 651(b). Richard Roman Shum outlines what qualifies as extraordinary circumstances, including parental abandonment, neglect, unfitness, or an extended disruption of custody. Listeners will gain insight into how cases move through New York County Family Court at 60 Lafayette Street in Manhattan and how jurisdiction issues can arise under the UCCJEA when families move between states.

Finally, the podcast explores practical steps grandparents can take to build a strong case, from documenting consistent involvement in a child’s life to presenting supporting evidence and witness testimony. Drawing on his work representing families throughout Manhattan and New York City from the Law Office of Richard Roman Shum, Esq. on the Lower East Side, Richard Roman Shum shares guidance on navigating hearings, mediation, and legal filings while keeping the child’s best interests at the center of every decision.

Law Office of Richard Roman Shum, Esq

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