How can grandparents obtain custody of their grandchildren in NY?

There are two main requirements for grandparents to obtain custody of their grandchildren in NY. First, a grandparent has to prove that there are “extraordinary circumstances” in order to get standing. Second, after extraordinary circumstances are established, the court decides custody based on the “best interest of the child.”

What are extraordinary circumstances?

Examples of extraordinary circumstances include surrender, abandonment, persisting neglect, unfitness, and disruption of custody over an extended period of time.

Extended Disruption of Custody

For grandparents specifically, an extended disruption of custody is satisfied when three conditions are met. First, the child and parent have been separated for at least 24 months. Second, the parents voluntarily relinquished care and control of the child. And, third, the child lives with the grandparents. However, the parents do not need to give up all control. The New York Court of Appeals has stated that the 24 month period could still be satisfied even if the parents occasionally visit the child, such as during visitation. See Matter of Suarez v. Williams, 26 N.Y.3d 440 (2015).

Find it in the New York Consolidated Laws, Domestic Relations Law § 72.

Word of Caution — This post is for educational purposes. Custody issues may be very complex and have significant consequences. It is best to always seek advice and help from a licensed lawyer.