Who gets to decide when the kids see their grandparents?

Posted by Lauren S. CohenJul 29, 20220 Comments

When you and your ex were married, visiting grandparents was likely a regular event. Even if you had to travel to see them, you may have had a routine for when your children got to see their grandparents.

Divorce brings a new set of questions you did not think you would need to answer. Now that you and your ex are looking for new solutions, it is time to look at when your children get to visit their grandparents. While it may seem simpler to avoid the subject, there are times when grandparents can request visitation with their grandchildren.

Here's what you should know about grandparent's rights and when they get to see your children.

Grandparents have rights

Some states do not specifically give grandparents the right to have visitation with their grandchildren. Although this can make coordinating visits simpler for parents, it can devastate grandparents who want a positive relationship with their grandchildren.

In New York, grandparents are listed along with parents as people who can request visitation after a divorce.

But there are limitations

Even though grandparents are among those who may request visitation, it is still up to the court to grant visitation. When a grandparent requests visitation, the court will look at what is in the child's best interest by considering factors such as:

  • The grandparent's current relationship with the child
  • The child's wishes
  • Your past and current relationship with the grandparents
  • Everyone's mental and physical health

Once the court understands the contributory factors, they will determine the frequency and type of visitation your children should have with their grandparents. In some cases., the court may determine that grandparent visitation is not appropriate.

Custody and visitation can become complex issues. Talking to a skilled professional about the matters at hand is essential.