Grandparents often play an essential role in the lives of their grandchildren. Do they have rights in the event of a divorce or separation? While grandparents can petition for their rights in court, this blog will suggest that parents should incorporate their rights in the context of an overall settlement agreement.

My experience in court has been that grandparents’ rights of access can be severely diminished in the face of a parent’s opposition. Courts give a parent’s wishes far great say. Ultimately, the decision will be made by a court and the court’s focus is what is in the best interests of the child. The court will look at the following factors:

1. What the child’s wishes are.

2. The grandparent’s history with the child.

3. The health of all concerned parties.

4. The grandparent’s “fitness” to have a relationship with the child.

5. The grandparent’s relationship with the parents.

6. The age of the child.

7. The mental state of all involved parties.

Proving your case can be difficult. This is why I try to discuss and reach agreement on the grandparent’s relationship with the children during the mediation process. The more problems you resolve in discussions, the stronger your ultimate agreement and the less opportunity for skirmishes down the road.

If you wish to schedule an initial consultation please contact me at 212-605-0435 or 516-280-3123.