Grandparent Visitation Petition

PETITION FOR GRANDPARENT VISITATION

(New York — N.Y. Dom. Rel. Law § 72)

I. PARTIES

1.1 Petitioner(s) — Grandparent(s)

Co-Petitioner (spouse / other grandparent), if applicable:

1.2 Respondent(s) — Parent(s) / Person Having Care, Custody, and Control

1.3 The Minor Child

II. JURISDICTION AND VENUE

2.1 Subject-matter jurisdiction. This Court has jurisdiction over this Petition under N.Y. Dom. Rel. Law § 72, which authorizes a grandparent to apply to the Supreme Court by special proceeding, or to the Family Court (Family Court Act art. 6), for visitation with a minor child residing in this State.

2.2 Residency. The minor child resides within the State of New York.

2.3 UCCJEA home state. New York is the home state of the minor child under the Uniform Child Custody Jurisdiction and Enforcement Act, N.Y. Dom. Rel. Law §§ 75 et seq., because:

☐ The child has lived in New York with a parent or person acting as a parent for at least six (6) consecutive months immediately before the filing of this Petition; or

☐ New York was the child's home state within six (6) months before filing and a parent or person acting as a parent continues to live in this State; or

☐ Other basis: [____________]

2.4 Venue. Venue is proper in [COUNTY] County because [the child resides / the respondent resides] in this county.

2.5 Other proceedings.

☐ There are no other pending or prior proceedings concerning the custody or visitation of the minor child.

☐ There are other proceedings — Court: [____________]; Index/Docket No.: [____________]; Nature: [____________].

III. STANDING — DOMESTIC RELATIONS LAW § 72 (FIRST PRONG)

3.1 Petitioner has standing under DRL § 72 because at least one of the following exists (check all that apply):

☐ Death of a parent — § 72(1). Either or both of the parents of the minor child are deceased. (Where a parent has died, a grandparent has the right to be heard on standing.)

☐ Equitable circumstances — § 72(1). Circumstances show that conditions exist which equity would see fit to intervene.

3.2 If standing is asserted on equitable circumstances, Petitioner alleges:

(a) The nature and extent of the existing relationship between Petitioner and the child: [____________]

(b) If the relationship has been frustrated by the parents, the sufficient efforts Petitioner has made to establish or maintain a relationship (e.g., letters, gifts, telephone calls, visits, intermediaries), measured against what Petitioner could reasonably have done under the circumstances: [____________]

(c) The nature and basis of the parents' objection to visitation: [____________]

3.3 Supporting facts:

[____________________________________________________________]

IV. FACTUAL ALLEGATIONS

4.1 History of the relationship. Petitioner has had a significant relationship with the minor child, as follows:

[____________________________________________________________]

4.2 Circumstances leading to this Petition. Visitation has been denied or unreasonably limited, as follows:

[____________________________________________________________]

V. CONSTITUTIONAL AND BEST-INTEREST STANDARD (SECOND PRONG)

5.1 Special weight to a fit parent's decision (Troxel). Petitioner acknowledges that parents have a fundamental constitutional right to make decisions concerning the care, custody, and control of their children, and that a fit parent's decision regarding visitation is entitled to special weight, supported by a presumption that a fit parent acts in the child's best interests. Troxel v. Granville, 530 U.S. 57 (2000).

5.2 Two-pronged analysis. Petitioner acknowledges the Emanuel S. framework: the Court must first determine standing (Section III); only if standing is established does the Court determine whether visitation is in the best interest of the child (Section VI).

5.3 Best-interest determination — § 72. If standing is established, the Court may make such directions as the best interest of the child requires for visitation rights for Petitioner with respect to the child.

VI. BEST INTEREST OF THE CHILD

6.1 Petitioner alleges, and is prepared to prove, that visitation is in the child's best interest, considering:

☐ The emotional ties and history between Petitioner and the child: [____________]

☐ The benefit to the child of maintaining a relationship with Petitioner: [____________]

☐ Petitioner's willingness to support, and not interfere with, the parent-child relationship: [____________]

☐ The wishes and basis of the parents' position: [____________]

☐ Any safety, health, or stability considerations: [____________]

6.2 Child's preference (if of sufficient age and maturity).

☐ The child has expressed a desire to maintain a relationship with Petitioner: [____________]

☐ The child is too young to express a preference.

VII. PROPOSED VISITATION SCHEDULE

7.1 Regular visitation. Petitioner requests:

☐ Weekly: [____________] ☐ Monthly: [____________] ☐ Other: [____________]

7.2 Holidays and special occasions.

7.3 Transportation / exchange. [____________]

7.4 Communication. Telephone/video contact: [____________]

VIII. PRAYER FOR RELIEF (WHEREFORE CLAUSE)

WHEREFORE, Petitioner respectfully requests that this Court:

A. Find that Petitioner has standing under DRL § 72 (by reason of the death of a parent and/or equitable circumstances);

B. Find, after according the fit parent's decision the special weight required by Troxel, that visitation with Petitioner is in the best interest of the minor child;

C. Enter an order awarding Petitioner reasonable visitation with the minor child pursuant to the schedule in Section VII, or as the Court deems appropriate;

D. Award costs and disbursements; and

E. Grant such other and further relief as the Court deems just and proper.

IX. VERIFICATION

STATE OF NEW YORK )
COUNTY OF [____________] ) ss.:

I, [PETITIONER NAME], being duly sworn, depose and say: I am the Petitioner in the within proceeding; I have read the foregoing Petition and know the contents thereof; and the same is true to my own knowledge, except as to matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true.

_________________________________
[PETITIONER NAME], Petitioner

Sworn to before me this ___ day of __________, 20___.

_________________________________
Notary Public

X. SIGNATURE / ATTORNEY CERTIFICATION

Respectfully submitted this ___ day of __________, 20___.

_________________________________
[PETITIONER NAME], Self-Represented (Pro Se)
OR
_________________________________
[ATTORNEY NAME]
[LAW FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Attorney for Petitioner

The undersigned attorney certifies, pursuant to 22 NYCRR § 130-1.1-a, that the contentions in this Petition are not frivolous.

XI. NOTICE TO RESPONDENT

TO THE RESPONDENT(S): A Petition for Grandparent Visitation has been filed against you under Domestic Relations Law § 72. You are required to appear and respond as directed in the accompanying notice of petition, order to show cause, or summons. If you fail to appear, the Court may proceed in your absence and grant the relief requested. You have the right to be represented by an attorney of your own choosing.

XII. CERTIFICATE / AFFIDAVIT OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing Petition (and accompanying UCCJEA affidavit and notice/order to show cause) was served upon each Respondent by ☐ personal delivery ☐ certified mail ☐ as directed by the Court [____________], at the address(es) listed above.

_________________________________
[PETITIONER / ATTORNEY / PROCESS SERVER SIGNATURE]

SOURCES & REFERENCES

• N.Y. Dom. Rel. Law § 72 — grandparent visitation: standing where "either or both of the parents of a minor child, residing within this state, is or are deceased, or where circumstances show that conditions exist which equity would see fit to intervene"; the court "may make such directions as the best interest of the child may require."
• N.Y. Dom. Rel. Law § 240 — custody and visitation determinations within matrimonial actions.
• Matter of Emanuel S. v. Joseph E., 78 N.Y.2d 178 (1991) — Court of Appeals; two-pronged analysis (standing, then best interest); equitable circumstances do not confer automatic standing; grandparent must show a sufficient existing relationship or, where frustrated, a sufficient effort to establish one; an intact family is not beyond the statute's reach.
• N.Y. Dom. Rel. Law §§ 75 et seq. — UCCJEA; § 76-h (affidavit).
• N.Y. Family Court Act art. 6 — Family Court jurisdiction over guardianship/custody/visitation.
• Troxel v. Granville, 530 U.S. 57 (2000) — fit parent's decision entitled to special weight.

This Petition is a preparation aid only. New York requires a threshold showing of standing under DRL § 72 before any best-interest review, and a fit parent's decision is owed constitutional special weight. Confirm whether to proceed in Supreme Court or Family Court and consult a licensed New York family law attorney before filing.