You are here: / / Grandfather Did Not Have Standing to Seek Visitation With Grandchildren—Analytical...

Grandfather Did Not Have Standing to Seek Visitation With Grandchildren—Analytical Criteria Explained

The Second Department determined Family Court properly concluded that the grandfather did not have standing to seek visitation with the grandchildren.  The analytical criteria include the nature and extent of the grandparent-grandchild relationship and the nature and the basis for the parents’ objection to visitation.  Here the grandfather failed to demonstrate mother frustrated his attempts to visit the grandchildren. Mother objected only to the grandfather being accompanied by the grandmother during visits:

In considering whether a grandparent has standing to petition for visitation based upon “circumstances show[ing] that conditions exist which equity would see fit to intervene” (Domestic Relations Law § 72[1]), “the essential components to the inquiry are the nature and extent of the grandparent-grandchild relationship’ and the nature and basis of the parents’ objection to visitation'” … . “In cases where such a relationship has been frustrated by a parent, the grandparent must show, inter alia, that he or she has made a sufficient effort to establish [a relationship with the child], so that the court perceives [the matter] as one deserving the court’s intervention'” … . ” The evidence necessary will vary in each case but what is required of grandparents must always be measured against what they could reasonably have done under the circumstances'” … .

Here, the Family Court properly determined that the grandfather lacked standing to seek visitation with the grandchildren … . The grandfather failed to demonstrate that the mother frustrated his visitation with the grandchildren … . Indeed, it is undisputed that the mother had asked the grandfather to visit with the grandchildren, and that he only refused because the mother did not want the grandmother to accompany him. Matter of Troiano v Marotta, 2015 NY Slip Op 02979, 2nd Dept 4-8-15

 

You might also like
THE EVIDENCE OF “PHYSICAL INJURY” WAS LEGALLY INSUFFICIENT; ASSAULT THIRD CONVICTION VACATED (SECOND DEPT). ​
BUILDING OWNERS’ MOTION FOR SUMMARY JUDGMENT PROPERLY DENIED IN THIS WET-FLOOR SLIP AND FALL CASE (SECOND DEPT).
ABSENCE OF A COMMA, STANDING ALONE, WAS NOT ENOUGH TO DICTATE THE MEANING OF A CODE PROVISION.
THE DEFENDANT IN THIS SLIP AND FALL CASE DID NOT PRESENT EVIDENCE DEMONSTRATING WHEN THE AREA OF THE SLIP AND FALL WAS LAST CLEANED OR INSPECTED; ONLY EVIDENCE OF GENERAL CLEANING PRACTICES WAS PRESENTED; DEFENDANT SHOULD NOT HAVE BEEN GRANTED SUMMARY JUDGMENT (SECOND DEPT).
Petitioners’ Properties Not Close Enough to Proposed Development to Confer Standing to Allege Violations of the State Environmental Quality Review Act (SEQRA)
THIS LAWSUIT BY AN EMPLOYER AGAINST AN EMPLOYEE WHO ALLEGEDLY USED PLAINTIFF’S PROPRIETARY INFORMATION AFTER RESIGNING PRESENTS FACT-SPECIFIC ISSUES IN THE CONTEXT OF RESTRICTIVE COVENANTS IN THE EMPLOYMENT CONTRACT, COPYRIGHT LAW (PRE-EMPTION OF STATE LAW CLAIMS), TRADE SECRETS, AND THE PROPRIETY OF A PRELIMINARY INJUNCTION; ALL OF THESE COMPLEX ISSUES CANNOT BE FAIRLY SUMMARIZED HERE; THE DECISION IS WORTH CONSULTING (SECOND DEPT).
PLAINTIFF DID NOT SATISFACTORILY EXPLAIN THE DELAY IN BRINGING THE UNTIMELY CROSS-MOTION FOR SUMMARY JUDGMENT; THEREFORE SUPREME COURT SHOULD NOT HAVE CONSIDERED THE MERITS OF THE MOTION (SECOND DEPT).
Ten Year Adverse Possession Period Began After Ten Year Permissive Use Period Expired

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Defendant’s Admissions Re: Uncharged Sex Offenses Justified Upward Departure... Community College Foundation, a Not-for-Profit Corporation, Failed to Utterly...