Can grandparents get visitation rights in New York?

What the Law Says

New York law allows grandparents to ask a court for visitation rights—but only under specific conditions and with a high burden of proof.

Under New York Domestic Relations Law § 72, grandparents may petition for visitation when "the parent or parents of the child are deceased, or where there is a showing that equitable circumstances exist." The law emphasizes that "a parent has a right to determine who visits with his or her child," so courts start from a strong presumption that parental decisions about visitation are in the child’s best interest.

To overcome this presumption, grandparents must present clear and convincing evidence that denying visitation would harm the child’s well-being. Courts consider factors like the length and quality of the grandparent–child relationship, the child’s wishes (if mature enough), and any history of caregiving or support by the grandparent.

The petition must be filed in Family Court or Supreme Court, and must comply with CPLR 3016(f), which requires detailed factual allegations supporting the claim — vague or conclusory statements are insufficient.

Statutory Text

The court may grant reasonable visitation rights to the grandparents of a child if it determines that it is in the best interests of the child.

— Domestic Relations Law § 72 — Visitation by grandparents

Statutory Text

A parent has a right to determine who visits with his or her child; therefore, the burden is on the grandparent to demonstrate that visitation is in the child's best interests.

— Domestic Relations Law § 72 — Visitation by grandparents

What Courts Have Said

New York courts have consistently upheld parents’ constitutional right to direct their children’s upbringing — making it difficult for grandparents to win visitation unless compelling evidence of harm or exceptional circumstances exists.

What to Do

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