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Grandparents Visitation Case

Grandparents Visitation CaseA grandmother brought a visitation petition in the Family Court of Kings County before Judge Javier Vargas. The child’s parents brought a motion to dismiss the grandmother’s, Debbie’s, application for visitation. They claimed Debbie had no right to bring this visitation proceeding because she only had sporadic contact with her grandson. They also claimed she did nothing to pursue a relationship with him since December 2015.

The Attorney for the Child

An attorney was appointed to represent the child. The attorney for the child argued the parent’s application to dismiss the grandparent’s visitation petition should be denied. She claimed the grandmother had had a relationship with the grandchild and had standing to bring the lawsuit.

The Judge’s Decision

Judge Vargas ruled in favor of Debbie and the attorney for the child. He held the parent’s motion should be dismissed. Debbie was able to sufficiently establish standing to pursue the visitation proceeding. Judge Vargas found Debbie showed that before 2015 she enjoyed a loving relationship with her grandson. She was later barred from seeing him.

The Problem was between the Parents and Grandparents

The parents wanted Debbie to comply with conditions involving therapy to address what they felt was uncivil behavior towards them. Debbie continued to make various attempts to continue to see her grandson, including seeking intervention of the Family Court. Judge Vargas found there was a problematic relationship between the parents and grandmother. However, this was not sufficient to deny the grandmother visitation with her grandson. Judge Vargas thereafter ordered a hearing to determine whether the visitation between Debbie and the grandson was in her grandson’s best interests.

schlissel-headshotElliot S. Schlisel is the managing partner of Schlissel DeCorpo LLP. Elliot has brought numerous lawsuits on behalf of grandparents to obtain visitation rights with their grandchildren. He has helped grandparents throughout the Metropolitan New York area obtain visitation with their children for more than 3 decades. He can be reached for a free consultation at 800-344-6431 or e-mailed at

Grandparents Seek Visitation with Grandchildren

grand-150x150In a case before Supreme Court Justice Janowitz, sitting in Nassau County, grandparents brought a proceeding seeking visitation with regard to their three grandchildren. The children’s parents asked Judge Janowitz to dismiss the case. They claimed the grandparents lacked standing to bring this proceeding.

The grandparents’ petition argued that they had enjoyed a good relationship with their grandchildren, but that the parents have cut off all visitation since January of 2010. The grandparents claim the cut off was without justification.

The parents argued that the grandparents behaved inappropriately and therefore they would not permit them to have access to their children. They claim the grandparents filed a false Child Protection Services report against them. The report was investigated and Child Protective Services found it to be unsubstantiated.

Court Finds For Grandparents

Justice Janowitz stated in his decision that where there is an established relationship between the grandparents and the grandchildren, the court would look into the basis of the parents’ decision to cut off this relationship. Justice Janowitz felt that mere animosity or bad feelings between the parties was not a valid reason, under Domestic Relations Law Section 72(1), for cutting off grandparents access to their grandchildren. Justice Janowitz ordered a forensic evaluation to determine if the parents’ allegations against the grandparents were true.

Grandparents’ Rights and Fathers’ Rights

Grandparents should have the right to develop a relationship with their grandchildren. Grandparents and fathers play important roles in children’s lives and their rights are protected by the law in New York. We litigate all types of fathers’ rights issues, including divorce, orders of protection, custody, visitation, child support, spousal maintenance (alimony), child abuse and child neglect proceedings. We defend fathers involved in paternity proceedings, and we also represent fathers who seek annulments.

In divorce situations, we litigate equitable distribution issues, relocation problems, parental alienation and parental alienation syndrome issues. We also negotiate pre-nuptial, post-nuptial and separation agreements.

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