Grandparents' Rights and Stepparent Adoptions
New York domestic relations law gives grandparents the right to seek visitation rights if one or both of the parents have died or are deemed unfit. In addition, the law permits grandparents to seek custody of a grandchild in what the statute calls "extraordinary circumstances." Otherwise, the law favors parental rights over grandparents' rights.
Grandparent Visitation and Custody
At our Rochester law firm, The Trotto Law Firm, P.C., our lawyer helps parents and grandparents in matters related to grandparent visitation and custody. The courts consider a variety of factors when determining whether to allow visitation rights to grandparents despite the opposition of one or both parents:
- Whether a strong relationship already exists between the grandparent and grandchild
- Whether the grandparents persisted in their efforts to establish a relationship with a grandchild despite parental opposition
- Whether the grandparents were actively involved in child rearing for a significant period of the child's life
The court looks at similar issues when determining whether grandparents should receive custody.
Stepparent Adoption
Our law firm represents stepparents and natural parents in matters related to stepparent adoptions. Stepparents are entitled to adopt a spouse's child if the natural parent relinquishes all rights and responsibilities. If the child is over age 14, he or she must also agree to the adoption. Questions that arise in stepparent adoption include:
- Do I still have visitation rights if my ex-spouse's new wife or husband adopts my child?
- Do I have to pay child support if a stepparent adopts my child?
- Do I have to pay for college if I adopt my spouse's child?
- Can I oppose efforts to adopt my child?
We advise and advocate for clients, making sure they understand their options and the consequences of each. Adopting a step child or relinquishing your parental rights is a big step. We are your guide through the process.
Contact The Trotto Law Firm, P.C. in Rochester, New York, to speak with an attorney about grandparent rights and step-parent adoptions.
