Filing a Claim to Enforce Grandparents Rights in Smithtown
In New York, parents aren’t the only individuals who face challenges in relation to child custody or visitation. After a divorce, it is likely that grandparents won’t acquire adequate visitation with their grandchildren. If their son or daughter dies, these difficulties could eliminate all visitations with their grandchildren. A local attorney helps enforce grandparents rights in Smithtown for these reasons.
What Is the Purpose of These Claims?
Grandparents file these claims to acquire visitation rights with their grandchildren. The objective of the claim is to give them the legal right to know their grandchildren and spend time with them. It is vital for children to maintain a healthy relationship with their grandparents. However, some circumstances lead to difficulties due to an inability of the parents and grandparents to get along. This creates hostility among the parents and grandparents and prevents the child or children to visit their grandparents.
Setting Boundaries and Conditions for Visitation
The visitation agreement allows the parents to set up boundaries and conditions. For example, a visitation schedule is set up to prevent unhealthy conditions and violations of the parent’s privacy. These orders prevent the grandparents from showing up unannounced and from picking them up from school without permission. Boundaries are set up to prevent issues that present uncomfortable circumstances.
Evaluating Possible Risks to the Child
If a grandparent presents a risk to the child, the court may prevent them from acquiring visitation rights. For example, a criminal record that involves sexually-based or violent offenses can stop the acquisition of grandparent’s rights. However, the parent must present evidence of any existing risks in court.
What Additional Steps Are Necessary?
The absence of a birth certificate designating the identity of a father may present difficulties. Under these circumstances, a paternity test is needed. The grandparents must prove that their son is the biological father of the child before acquiring any rights.
In New York, grandparents may initiate their right to child visitation by filing a motion. They must have a biological link to the child and present evidence to support this claim. The objective of these proceedings is to maintain a healthy relationship between them and the identified children. Anyone who wishes to enforce their grandparents’ rights in Smithtown should contact Todd J. Zimmer & Associates and schedule an appointment today.