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Grandparent Visitation
Last month, we looked at how a grandparent may establish standing to seek visitation with a grandchild over the objections of the parent. Once this predicate showing is made, the grandparent must next overcome the presumption in favor of the fit parent if he or she wants to get court-ordered visitation rights.
The Presumption in Favor of the Fit Parent
Prior to the enactment of Domestic Relations Law (DRL) ' 72 and Family Court Act (FCA) 651, grandparents had no standing to seek visitation against the wishes of a custodial parent. Matter of Emanuel S. v. Joseph E., 78 NY2d 178, 180 (1991). Now, if a court concludes that a grandparent has established standing ' and, thus, has the right to be heard ' then it may move forward with a best-interests determination. Wilson v. McGlinchey, 2 NY3d at 380. (1991).
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