united-states new-york-state family-law children
What legal visitation rights do grandparents have with their grandchildren?
<p>Upstate NY, USA here.</p>

<p>What legal visitation (and other) rights do grandparents have with their minority (&lt; 18) grandchildren?</p>

<p>If a parent does not want their child to have a relationship with the child's grandparents, can the grandparents sue/petition for certain visitation rights?</p>

<p>A summary of grandparent visitation laws by state can be found <a href="http://family.findlaw.com/child-custody/summaries-of-state-law-grandparent-visitation-and-custody.html" rel="nofollow">here</a>. The general rule is that it is whatever is in the interest of the child, and a judge determines that. In New York you may petition for visitation rights if one or both of the parents are dead, or there are "special circumstances". <a href="http://law.justia.com/cases/new-york/court-of-appeals/2007/2007-01336.html" rel="nofollow">In E.S. v P.D.</a> it was held that state law "does not create an absolute or automatic right of visitation", but it does create a "procedural mechanism for grandparents to acquire standing to seek visitation with a minor grandchild"  (usually, grandparents do not have standing). In the particular case the grandmother had automatic standing owing to the death of her daughter.</p>
