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Standing Requirements for Grandparent Seeking Visitation Explained

The Second Department explained the standing requirements for a grandparent seeking visitation with a grandchild:

In a grandparent visitation proceeding, “the burden of establishing standing lies with the grandparent and it is conferred by the court, in its discretion, only after it has examined all the relevant facts'”…. In determining whether grandparents have standing or a right to be heard on a petition for visitation with a grandchild, 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” …. “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”…. A hearing to determine the issue of standing is not necessary where the submitted papers do not raise a triable issue of fact… .  Matter of Bender v Cendali, 2013 NY Slip Op 04796, 2nd Dept 6-26-13

 

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