Yes — New York is one of the states that allows grandparents to petition for visitation, and in some cases custody. Under Domestic Relations Law § 72, a grandparent can seek visitation when a parent has died, or when there are circumstances showing the grandparent has standing (such as an existing relationship the parents have cut off). Grandparents can seek custody when both parents are unfit, absent, or there are extraordinary circumstances. In all cases the court then decides based on the best interests of the child.
New York recognizes that grandparents can play an important role in a child’s life, and the law gives them a path to seek visitation — something not every state allows. The key statute is Domestic Relations Law § 72.
For visitation, a grandparent must first have “standing” — the legal right to bring the case. Standing exists automatically when one or both parents have died. Otherwise, a grandparent must show circumstances that justify the court’s intervention, typically an established relationship with the grandchild that a parent has interfered with or cut off. Once standing is shown, the court decides whether visitation serves the child’s best interests.
Custody is a higher bar. Because parents have a fundamental right to raise their children, a grandparent seeking custody over a parent’s objection must generally show extraordinary circumstances — such as both parents being unfit, absent, or having surrendered care — before the court even reaches the best-interests question.
These cases balance a parent’s rights against a child’s relationships, and they are fact-specific. Grandparents considering a petition often consult a New York family law attorney to assess whether they have standing and a realistic path.
Looking for a custody lawyer in New York City?
Find a custody lawyer in NYCFrequently Asked Questions
When can grandparents get visitation in New York?
When a parent has died, or when the grandparent shows standing — often an established relationship a parent has cut off — and the court finds visitation is in the child's best interests, under Domestic Relations Law § 72.
Can grandparents get custody in New York?
Yes, but the bar is high. A grandparent generally must show extraordinary circumstances, such as both parents being unfit or absent, before the court considers awarding custody.
Do grandparents have automatic visitation rights in New York?
No. Grandparents must petition and first establish standing; visitation is not automatic and is granted only when it serves the child's best interests.