Grandparents have standing to seek visitation when which condition applies?

Study for the New York Law Course Exam. Engage with comprehensive questions, insightful explanations, and user-friendly flashcards. Perfect your knowledge and ace the NYLC!

Multiple Choice

Grandparents have standing to seek visitation when which condition applies?

Explanation:
Grandparents have standing to seek visitation when there is no living parent to make decisions about the child’s contact with them. If either or both parents are deceased, there is no parent to grant or deny visitation, so the court may evaluate the grandparent’s petition in light of the child’s best interests to maintain family relationships. The other scenarios don’t automatically create standing: the child being under two years old doesn’t by itself give grandparents a right to sue; the parents being married doesn’t remove a living parent from decisions about visitation; and having two adoptive parents means the child’s legal parents are the adoptees, not the biological parents, so grandparent visitation isn’t automatically triggered by adoption alone.

Grandparents have standing to seek visitation when there is no living parent to make decisions about the child’s contact with them. If either or both parents are deceased, there is no parent to grant or deny visitation, so the court may evaluate the grandparent’s petition in light of the child’s best interests to maintain family relationships. The other scenarios don’t automatically create standing: the child being under two years old doesn’t by itself give grandparents a right to sue; the parents being married doesn’t remove a living parent from decisions about visitation; and having two adoptive parents means the child’s legal parents are the adoptees, not the biological parents, so grandparent visitation isn’t automatically triggered by adoption alone.

Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy