New York law permits grandparents to petition the court for either custody or visitation rights in certain circumstances.
In order to establish any rights toward a grandchild, a grandparent must first establish legal standing.
If standing is established, the court can proceed to a custody or visitation hearing to see whether visitation or custody rights are in the best interest of the child. Grandparents seeking to obtain custody of their grandchild must show that there are extraordinary circumstances present, which include their parent being unfit to raise the child, deceased, or having abandoned the child for an extended period of time.
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