Olean, NY asked in Child Custody and Family Law for New York

Q: I am a grandparent of a newborn, both parents are mentally ill.Can I file in family court for visitation?

My son is schizophrenic and his girlfriend also has a mental disorder and she is also an addict. I was able to visit with my newborn grandson on Monday evening when I spent time cooking my son's girlfriend dinner in their apartment in Oneonta and my grandson Jayce was there also. Upon returning the next day (Tuesday morning) both my son and his girlfriend were at their apartment but the baby was not. I asked where the baby was and Ariana (the baby's mother) said "Uh, my mom's?" I said doesn't she work during the day? Ariana said "Yeah." I then asked "Well, where would she take the baby? Is she home?" Ariana had no response. I told my son and Ariana that I was going to stop over her mothers house for a cup of coffee. I left, went to the Grandmothers house and no one answered. I then went to HOSPICE where the grandmother works (Is in charge of, I am told.) I asked if she was there and they told me no, she had called in sick. How can/would I get court ordered visitation ??

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1 Lawyer Answer
Lawrence Allen Weinreich
Lawrence Allen Weinreich
  • Divorce Lawyer
  • Garden City, NY
  • Licensed in New York

A: Grandparent visitation is available in New York if you meet certain criteria. You have to show that you had a relationship with the child or you attempted to have one but the parents didn't allow it. I suggest you consult an attorney to discuss all the facts of your case and to prepare the Family Court petition properly so that it will not be dismissed immediately.

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