Grandparents And Visitation
Dom. Rel. Law § 72 — a parent's death, or circumstances in which equity would intervene
In New York, where a parent of a minor child living in the state has died, or where circumstances show conditions in which equity would see fit to intervene, a grandparent may apply to the supreme court or the family court, and the court may direct visitation as the child's best interest requires, after notice to the parent or whoever has care and custody.
Custody takes extraordinary circumstances. A grandparent who shows extraordinary circumstances may apply for custody. An extended disruption of custody counts as one: a separation of the parent and child of at least twenty four continuous months, during which the parent voluntarily gave up care and the child lived with the grandparent, though a court may find extraordinary circumstances after a shorter separation.
How courts decide standing and best interest under the section is case law, and is not reproduced here. Whether to apply is a question for a licensed New York attorney.
Sources for this section (1)
- Dom. Rel. Law § 72 — Special proceeding or habeas corpus to obtain visitation rights or custody in respect to certain infant grandchildren
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.