Grandparents' Rights Complex Issues. Dedicated Attorneys. Proven Success.

Serving grandparents throughout Nassau County, Suffolk County, and the New York City metropolitan area.

Grandparents’ Rights Lawyer on Long Island

Visitation & Custody Representation for Long Island Grandparents

Grandparents don’t have automatic rights to see or care for a grandchild under New York law. When a parent restricts access, grandparents must navigate a legal process that begins long before a judge considers what’s fair. At Rosenberg Family Law PC, we help families throughout Long Island work through that process, from establishing the legal threshold to presenting a case that reflects the real relationship at stake.

Founding attorney Lee Rosenberg brings over 25 years of family law experience to these matters. Grandparents’ rights cases sit at the intersection of custody law, family dynamics, and constitutional parental rights, and our approach reflects that complexity.

If your access to a grandchild has been cut off or is at risk, we’re ready to talk through your options. Call (516) 212-9211 to speak with our team.

Standing to Petition Under New York Law

Before a court will hear a grandparent’s request for visitation, the grandparent must establish legal standing. New York Domestic Relations Law Section 72 sets out two paths: one or both parents have died, or circumstances exist that equity would recognize as justifying court intervention. The second path requires the grandparent to demonstrate an existing relationship with the grandchild or, at minimum, a meaningful effort to build one that a parent blocked.

Parental objection matters at this stage. The court weighs the nature and basis of any objection to grandparent contact when deciding whether standing exists. A parent’s refusal alone doesn’t end the inquiry, but it does require a grandparent to show why the court’s involvement is warranted.

Custody vs. Visitation: Different Standards Apply

Visitation and custody are governed by different legal standards in New York, and the distinction matters. For visitation, standing under Domestic Relations Law Section 72 is the threshold. Custody is a higher bar.

As between a parent and a non-parent, the parent holds a superior right to custody. A grandparent seeking custody must establish extraordinary circumstances as defined by the New York Court of Appeals in Bennett v. Jeffreys: surrender, abandonment, persisting neglect, parental unfitness, or an extended disruption of custody. Only after extraordinary circumstances are established does the court turn to what arrangement serves the child’s best interests.

What Family Courts Consider Once Standing Is Met

Once standing is established, courts evaluate the following factors to determine whether visitation or custody serves the child’s best interests:

The child’s age and preference: For older children, the court may consider the child’s expressed wishes.
The grandparent-grandchild bond: The emotional relationship and history of care the grandparent has provided.
Stability of the grandparent’s home: Whether the environment is consistent and appropriate for the child.
The parent’s reasons for objecting: The basis and sincerity of parental opposition to contact.
History of abuse, neglect, or domestic violence: Any relevant conduct in the household that affects the child’s safety or well-being.

Why Long Island Families Work with Rosenberg Family Law PC

Grandparents bring these cases to us because they want a firm that understands both the legal framework and what’s personally at stake. Lee Rosenberg is AV Preeminent Peer Review Rated, consistently recognized by Super Lawyers and Best Lawyers in America, and listed in the Bar Registry of Pre-eminent Lawyers. That recognition reflects the professional standing we’ve built over decades of family law work in Nassau and Suffolk counties.

Our practice includes helping caregiving grandparents obtain legal authority to make decisions for a grandchild in their care. Lee and our team approach each client personally, address concerns directly, and remain accessible throughout the process. These aren’t cases we handle at arm’s length.

Start the Conversation with Our Team

If you’re a grandparent on Long Island facing restricted access to a grandchild, or if you’re already caring for a grandchild and need formal legal authority, we can help you understand where you stand and what your options are. Call (516) 212-9211 to schedule a consultation with Rosenberg Family Law PC.

Filing a Grandparent Petition in Family Court

A grandparent visitation or custody case begins with filing a petition in Family Court. The petition and summons must then be personally served on the parents, giving them formal notice of the proceeding. After service, the court schedules a hearing where both sides present their cases through affidavits, witness statements, and documentation of the grandparent-grandchild relationship.

Preparation matters. The evidence a grandparent brings, including photographs, records of caregiving, communications, and testimony from people who know the family, shapes how the court views the relationship and the request.

Grandparent Visitation When a Grandchild Has Been Adopted

Adoption doesn’t automatically prevent a biological grandparent from petitioning for visitation in New York, but the standing requirements still apply. Courts give substantial weight to an adoptive family’s stability and privacy, particularly when the adoption is by unrelated third parties. The analysis differs when the adoption is by a stepparent or relative who already exists within the child’s family network and where established relationships remain intact. If your grandchild has been adopted, the viability of a petition depends heavily on the specific circumstances.

Enforcing or Modifying an Existing Order

Grandparents who already have a visitation or custody order in place have legal recourse if that order isn’t being followed. Family Court can enforce an existing order when a parent or guardian isn’t complying with its terms, and courts can also modify an existing grandparent visitation or custody order when circumstances have materially changed since it was entered. If your situation has shifted since your order was issued, or if the other party isn’t honoring it, we can advise you on the appropriate next steps.

Continue Reading Read Less

Experienced Attorneys. Proven Success.

Contact RFL Today

Call (516) 212-9211 or fill out the form below.

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to receive text messages from Rosenberg Family Law PC at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy

Trial-Tested Attorneys

With decades of experience, our attorneys excel in the courtroom, prepared to go to trial if your case warrants it.
Experienced Advocates

We are prepared for whatever complexities your case may present, and prioritize furthering our knowledge of the law.
Proven History of Success

Having successfully represented clients for decades, our team is well-respected among colleagues.
Proactive Strategy

Each case is unique; we focus on the details, crafting your strategy to stay a step ahead.