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Grandparents' Rights

Nassau County Grandparents' Rights Attorney 

Protecting Your Relationship With Your Grandchild

When you are suddenly shut out of your grandchild’s life or you are watching a difficult family situation unfold from the sidelines, it can be heartbreaking. You may not know whether New York law gives you any say, or whether going to court could help or make things worse. At Anthony J. LoPresti, Attorney at Law, we help grandparents understand their options and take informed steps to protect important relationships with their grandchildren.

Our firm focuses exclusively on family law for families on Long Island, including those in Nassau County. For nearly three decades, we have guided parents, grandparents, and other relatives through custody and visitation disputes in New York Family Courts. We draw on this experience to explain how the law applies to your situation and what realistic paths may be available.

We understand that you may be worried about cost, time, and the impact on your family. Our goal is to provide clear, practical guidance and a swift, economical approach whenever possible. If you are facing questions about your rights as a grandparent, you can contact us to talk through your concerns and next steps.

To speak with our experienced Nassau County grandparents' rights lawyers, call us at (516) 252-0223 or contact us online today. 

Understanding Grandparent Rights Under New York Law

New York does recognize that grandparents can play an important role in a child’s life, but the law does not grant automatic rights. Instead, it allows grandparents to petition for visitation in certain circumstances and, in limited situations, to seek custody or guardianship. The court’s main focus is always the child’s best interests, not the wishes of any adult.

Visitation petitions are often considered when a parent has died, when parents are divorced or separated, or when there has been a long and meaningful relationship between grandparent and grandchild that has been cut off without a clear reason. The court may first decide whether a grandparent has standing to bring a case, which usually involves looking at the history of the relationship and the family circumstances. Only if that threshold is met will the court move on to decide if visitation would be in the child’s best interests.

In more serious situations, such as when a parent cannot safely care for a child, a grandparent may explore options like custody or guardianship. These matters are complex and depend heavily on the facts, including any involvement by child protective services and the availability of other relatives. With our long history in New York family law, we help grandparents sort through these rules and understand which type of petition, if any, makes sense for their goals.

How Our Firm Helps Grandparents Protect Important Relationships

We know that coming to a lawyer about your own child and grandchild is not easy. When you meet with us, we take time to understand your family history, your relationship with your grandchild, and how the current situation developed. We then explain what New York law allows and discuss the practical and emotional sides of each option.

Because we focus only on family law, our daily work involves issues that often overlap with grandparent rights, including child custody, parenting time, child support, and orders of protection. This focus helps us see how a grandparent visitation or custody petition fits into the larger picture of a family’s court history and ongoing conflict. We work to identify strategies that support your grandchild’s stability rather than escalate disputes.

We also understand that many grandparents are on fixed incomes and cannot spend unlimited resources on a legal battle. Our firm is committed to a swift and economical approach whenever the situation allows. That can include exploring negotiated solutions, participating in mediation when appropriate, and focusing court efforts where they are most likely to make a difference.

Grandparent Visitation & Custody Cases in Nassau County

Many grandparent visitation and custody matters involving children who live in this area are handled in Nassau County Family Court. This court addresses a wide range of family issues, including custody, visitation, child support, and certain guardianship proceedings. For a grandparent, understanding how a case typically moves through this court can ease some of the anxiety about starting the process.

A case often begins with the filing of a petition. The petition explains your relationship to the child, the history of your involvement, what has changed, and what relief you are asking the court to consider. The court usually schedules an initial appearance or conference where everyone is expected to attend. In some cases, the court may appoint an attorney for the child, and it may order evaluations or request more information before a hearing is held.

Having counsel who regularly appears in Nassau County Family Court can be helpful. Procedures, case scheduling, and the way judges manage their calendars can influence how your case progresses. Our attorney is a member of the Nassau County Bar association and has practiced family law on Long Island for nearly thirty years. We draw on that local experience when advising grandparents about what to expect before, during, and after court appearances.

What To Do If You Are Being Denied Time With Your Grandchild

When you stop seeing your grandchild or your time becomes very limited, it can be tempting to react quickly. Before you make any major decisions, it can help to take several practical steps. These steps can clarify what is happening and may give you helpful information if you decide to move forward legally.

Helpful steps if you are being denied access to your grandchild:

  • Document your relationship history. Write down how often you saw your grandchild in the past, what types of activities you shared, and any ways you supported the child’s daily life. Include approximate dates and details that show the nature of your bond.
  • Save communications and records. Keep copies of text messages, emails, social media messages, photos, and cards that show contact with your grandchild and with the child’s parents. Also keep any existing court orders that relate to custody, visitation, or orders of protection.
  • Note changes in access. Make a timeline of when your access began to change, who limited it, and any reasons that were given. This can help identify whether the change might be tied to a specific event, such as a divorce, a move, or a disagreement.
  • Focus on the child’s wellbeing. As you think about what you want, try to frame your goals around what would be healthiest for the child. Courts look closely at whether a requested visitation or custody arrangement will support the child’s emotional and physical needs.
  • Schedule a consultation. Once you have an outline of your history and current situation, meeting with a family law firm can give you a clearer picture of your legal options. We can review your information, explain how New York law may apply, and discuss next steps that fit your priorities.

Taking these steps does not commit you to filing a petition. It simply helps you approach any decision with more information and a clearer understanding of what a court is likely to consider.

What Courts Consider in New York Grandparent Cases

When a grandparent case reaches the stage where a court is deciding whether to grant visitation or a change in custody, judges do not start with a blank slate. New York law directs them to consider the child’s best interests, and over time, courts have identified a number of factors that can help answer that question. Understanding these factors can help you see what information may matter most.

Courts usually look at the history and quality of the relationship between grandparent and grandchild. They may consider how long the relationship has existed, how regular the contact has been, and whether the grandparent has filled a caregiving role. Judges often examine the reasons a parent objects to visitation or custody and whether those reasons relate to safety concerns, family conflict, or something else.

Other considerations can include the child’s current routine and stability, the physical and emotional health of everyone involved, and the willingness of each adult to support healthy relationships for the child. In rare cases involving serious safety or neglect concerns, the court may be asked to consider a change in custody or appointment of a guardian. Because we have concentrated on family law for many years, we are familiar with how these factors tend to be evaluated and we work with grandparents to present their situations clearly and respectfully.

Why Grandparents Choose The Law Offices of Anthony J. LoPresti

Grandparents come to us during some of the most difficult moments of their lives. They are worried about children they love and are unsure what the legal system can do. Our firm has devoted nearly thirty years to family law, and that focus shapes the way we approach every grandparent matter. We understand custody, visitation, support, and related issues, and we use that knowledge to help you make thoughtful decisions about your next steps.

Because we focus on efficient and economical solutions, we are attentive to the financial realities that many grandparents face. We work to address problems promptly, avoid unnecessary delays, and concentrate on strategies that support your goals and your grandchild’s stability. This approach can reduce the stress and cost that often come with extended court battles.

Our membership in the New York State Bar and Nassau County Bar associations reflects our commitment to professional standards and to staying current in family law. Our involvement in community organizations such as Ronald McDonald House underscores our dedication to children and families beyond the courtroom. When you work with Anthony J. LoPresti, Attorney at Law, you work with a firm that is rooted in this community and committed to supporting families through complex legal landscapes.

Frequently Asked Questions

Do grandparents have visitation rights in New York?

New York law allows grandparents to ask a court for visitation in specific situations, but it does not guarantee visitation in every case. A court typically looks first at whether a grandparent has the legal standing to bring a petition, which often depends on factors such as whether a parent has died or whether there has been a meaningful relationship that has been cut off. If the court finds that standing exists, it then considers whether visitation would be in the child’s best interests. During a consultation, we can review your circumstances and explain how these rules may apply to you.

Can I file for visitation with my grandchild in Nassau County Family Court?

If your grandchild lives in this area, a visitation petition is often filed in Nassau County Family Court. The exact court can depend on where the child resides and whether there are already existing cases involving that child. In Family Court, you would file a written petition and the court would usually schedule an initial date for everyone to appear. We can help grandparents prepare these petitions, explain what to expect when they go to court, and guide them through each appearance.

When can a grandparent seek custody instead of just visitation?

A grandparent may consider seeking custody when there are serious concerns about a parent’s ability to care for the child, such as significant substance abuse, untreated mental health issues, or ongoing neglect. In these situations, courts look closely at whether leaving the child in the current home would be harmful and whether placing the child with a grandparent or another relative would better serve the child’s best interests. These cases are fact specific and can involve child protective agencies and other relatives. Our firm has long experience with custody and related family law matters, and we can discuss whether a custody petition is appropriate in your situation.

Will going to court for grandparent rights make my family conflict worse?

Bringing a court case can affect family relationships, and many grandparents worry about this. In some families, legal action can increase tension, at least in the short term. At the same time, for certain situations, especially when contact has stopped completely or there are safety concerns, court involvement may be the only path to protect the child or preserve a meaningful relationship. When we meet with you, we talk openly about these tradeoffs and explore whether there are alternatives, such as negotiated agreements or mediation, that might address your concerns with less conflict.

How much does it cost to work with your firm on a grandparent case?

The cost of a grandparent visitation or custody matter depends on several factors, including how contested the case is, whether evaluations are ordered, and how many court appearances are needed. Because every family and case is different, we cannot quote a universal fee. What we can do is discuss our fee structure with you at the start, keep you updated on how the case is progressing, and focus on an efficient approach. Our commitment to a swift and economical process is especially important for grandparents who are watching their budgets carefully.

What should I bring to my first meeting about grandparent rights?

For your first meeting, it helps to bring any court papers involving your grandchild, such as custody orders, prior petitions, or orders of protection. You should also bring or be prepared to describe a timeline of your relationship with your grandchild, including how often you saw each other and when that changed. Copies of messages, photos, or other records that show your involvement can also be useful. With this information, we can give you more specific guidance about your options under New York law.

How long do grandparent visitation or custody cases usually take?

The length of a grandparent case can vary widely. Some matters resolve in a few court appearances if the parties are willing to reach an agreement. Others, especially those involving complex custody issues or serious allegations, can take longer and may require hearings and additional reports. The schedule of Nassau County Family Court, the number of people involved, and the need for evaluations can all affect timing. During our work together, we keep you informed about expected next steps and focus on moving your case forward as efficiently as the process allows.

Talk With A Grandparents' Rights Lawyer Nassau County

Deciding whether to take legal action to protect your relationship with a grandchild is not something you have to do alone. A conversation with our firm can give you a clearer understanding of New York law, the role of Nassau County Family Court, and the options that may be available in your situation. Our focus on family law and nearly thirty years of experience help us provide steady guidance at a time when emotions are high.

When you contact Anthony J. LoPresti, Attorney at Law, we listen to your concerns, review the history of your relationship with your grandchild, and discuss possible paths forward. Our goal is to help you make informed choices that keep the child’s wellbeing at the center. Reaching out is a simple first step toward understanding your rights and your next moves.

To speak with our experienced Nassau County grandparents' rights lawyers, call us at (516) 252-0223 or contact us online today. 

Have Questions?

We Have Answers!
  • What does a family lawyer do besides divorce?

    Divorce is the primary reason people seek out a lawyer, but professionals in this field can also handle adoption and guardianships, child custody disputes, child protection, asset distribution, draft pre and postnuptial agreements, and settle legal disputes between family members. Additionally, Anthony J. LoPresti works with experienced forensic accountants and can investigate the actual value of yours or your spouse’s assets and property.

  • What if I signed a prenuptial or postnuptial agreement?
    In many cases, having a marital contract prepared can make the divorce process much easier. However, depending on how long it’s been since you last revised your agreement, the terms set forth may no longer be tenable for your situation. It is possible to challenge the terms of a marital agreement at the time of divorce, but it is highly recommended you hire an attorney to do so. Likewise, you will want to hire a lawyer if your spouse is attempting to challenge a marital agreement you want to uphold.
  • My former partner has agreed to an uncontested divorce, do I still need an attorney?
    As mentioned above, it is always a good idea to have an experienced lawyer overseeing your case, even if both sides want to end things amicably. An uncontested divorce is one where both spouses want to get divorced and have agreed to fair distribution of assets, child custody, and other matters. The longer these cases go on, the more details begin to reveal themselves, and many couples find themselves arguing over things they never expected to. Having an attorney present can actually help maintain the civility of your divorce. Your lawyer can look at the situation without emotion and can help both sides find a reasonable solution.

Contact Anthony J. LoPresti, Attorney at Law Today!

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