Can a grandparent take a competent parent s) to court for visitation rights?

UPDATED: Jul 25, 2012

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Can a grandparent take a competent parent s) to court for visitation rights?

My mother threatened to get a lawyer to gain visitation with my son. She has always been able to see him. She is angry because I do not do things how she sees fit. I am the primary caretaker of my son. His dad gets him twice a week and his other grandmother is his day care provider. My son is well fed, clothed and healthy. As a parent can’t I choose who sees him?

Asked on July 25, 2012 under Family Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unless there are accusations against you for being an unfit parent, the chances of your mother being successful to achieve visitation rights with your child and her grandson is remote.

The reason for such is that you are the parent of the child and have the responsibility to safeguard the child's interests. If you do not want your son being around your mother, so be it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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