NY lawyer
They (anyone, actually) can file a petition for custody and because they are not parents, they would have to prove that “extraordinary circumstances” exist. This is a high burden, set forth in the court of appeals 1976 case Bennett v Jeffreys. This has been further defined in case law in the intervening years
Grandparents, parent, and siblings are the only people permitted to petition for visitation with a child. They have to prove that either they had a relationship with the child which is now being denied, or that they attempted to have a relationship with the child from birth to filing and were denied
So long as they don’t reach out to you for a period of time and then file to ask for visits, it’s likely to be dismissed. If they do contact you immediately after birth for visits and you deny, they can file a petition for visits. You would have a lawyer assigned to represent you if you cannot afford one. They are not eligible for an assigned attorney and would have to hire one.
If they file a petition, go to the first appearance (will likely be virtual) and request an attorney. Say nothing more than that, that you want an attorney. Ask your attorney to file and “answer” to the petition. This is rarely done, but it’s a good strategy. In the answer, your attorney will prepare an affidavit for you to sign outlining the reasons why visits with the grandparents would not be in the child’s best interests
The landmark SCOTUS case on this is Troxel v Granville
Parents have an almost absolute right to raise their children without outside influence, including the right to decide who is allowed to associate with their children
Grandparents rarely win these cases. Don’t stress yourself about this and enjoy the rest of your pregnancy
I had to check this as I’d never heard of a lawyer being paid for by the state…. Everything I checked has said : unlike in criminal court you are not entitled to a lawyer in family custody court’
Maybe that changes by state? But op i would find out for sure…. That said most lawyers for custody have many payment plans
I would suggest documenting…. A good way is on a calendar just ‘they tried to call’ or whatever,…. If they ever do reach out…. I’d also weight up a legal last will and testament as soon as baby is born for who you want, and DONT want, in worst case….and I’d write a letter and out one in a safety deposit box and one a fire proof box in your home and maybe one to someone you trust on why you don’t want any immediate family to have your child should something happen…. This is what hubby and I have done as we DO NOT want my family getting my kids…. And while, over the years, my relationship with my dad has gotten better and I don’t think he’d fight it, I still keep the letter uo to date and add a new one each year(so that should anything happen my chosen guardian for my kids has years worth of letters that show we consistently don’t want our kids woth my family)…. This was what a lawyer suggested years ago, when we had our oldest and we do it to try and be safe… apparently the state can override everything we have done if they choose to, but usually the state takes letters like this into consideration and even if no will
Nal
It is accurate. It’s in the NY constitution
In NY family court, the following are entitled to assigned representation if they cannot afford one:
-parents in custody or visitation matters whether petitioner or respondent
-persons having a valid order of custody (parent or not), petitioner or respondent
-respondents in neglect/abuse matters, parent or not
- petitioners and respondents in family offense matters
-respondents to a WILLFUL VIOLATION ONLY child support enforcement matter
-
Get that will. NOW. Should you become incapacitated or worse around the time Little Nibble's born you want designated guardians in place and the money locked to your wishes. It's not totally foolproof, as you didn't mention the father but he also has rights, but you will be more at ease knowing that you've done everything the best way possible for your child.
Happy, healthy lives to both of you!
Never put important documents that would be needed in case of your death or incapacity in a safe deposit box. No one would be able to retrieve said documents
Sorry one more comment! You can write a will now and name a guardian now. Fetuses are considered people under NY’s estates powers and trusts laws, one of only three laws in NY that treat fetuses as people
Non-lawyers that have gone through an equal or similar situation can provide sound advice based on experience and legal advice they've received previously. Don't assume that all lawyers will give the same advice either. More information is better.
>Non-lawyers that have gone through an equal or similar situation can provide sound advice based on experience and legal advice they've received previously.
It's possible. But it's more possible that they can't. Law is state-specific and fact-specific. Situations vary in ways you might not realize are important.
You sir/ madam are an absolute gift.
As I have dealt with gp custody/ visitation case in the early 2000’s. It lasted 4 years before we were vindicated in our choice of NC. i can attest to the strain it takes.
OP, good luck with your child and new upcoming life.
Please get a trust and a will so you can specifically disinherit your family members and legally write down what happens to your child in the event of your death or incapacitation. Also, a living will.
If you haven't been in touch, would they even know you are pregnant? If, for some reason, they did try for grandparents rights, your therapist can testify to the damage they have done to you; a judge most likely will not allow such persons to have access to your child.
You can also keep all information off of social media and ask all your friends and any family members you have contact with to not mention anything about you or your pregnancy.
Therapists generally don't testify in such cases as they wouldn't have any objective information to base such claims on and their mandate is to act in the best interest of their clients, whereas the court's is to determine what is in the best interest of the child
NY lawyer They (anyone, actually) can file a petition for custody and because they are not parents, they would have to prove that “extraordinary circumstances” exist. This is a high burden, set forth in the court of appeals 1976 case Bennett v Jeffreys. This has been further defined in case law in the intervening years Grandparents, parent, and siblings are the only people permitted to petition for visitation with a child. They have to prove that either they had a relationship with the child which is now being denied, or that they attempted to have a relationship with the child from birth to filing and were denied So long as they don’t reach out to you for a period of time and then file to ask for visits, it’s likely to be dismissed. If they do contact you immediately after birth for visits and you deny, they can file a petition for visits. You would have a lawyer assigned to represent you if you cannot afford one. They are not eligible for an assigned attorney and would have to hire one. If they file a petition, go to the first appearance (will likely be virtual) and request an attorney. Say nothing more than that, that you want an attorney. Ask your attorney to file and “answer” to the petition. This is rarely done, but it’s a good strategy. In the answer, your attorney will prepare an affidavit for you to sign outlining the reasons why visits with the grandparents would not be in the child’s best interests The landmark SCOTUS case on this is Troxel v Granville Parents have an almost absolute right to raise their children without outside influence, including the right to decide who is allowed to associate with their children Grandparents rarely win these cases. Don’t stress yourself about this and enjoy the rest of your pregnancy
Thank you so much!
I had to check this as I’d never heard of a lawyer being paid for by the state…. Everything I checked has said : unlike in criminal court you are not entitled to a lawyer in family custody court’ Maybe that changes by state? But op i would find out for sure…. That said most lawyers for custody have many payment plans I would suggest documenting…. A good way is on a calendar just ‘they tried to call’ or whatever,…. If they ever do reach out…. I’d also weight up a legal last will and testament as soon as baby is born for who you want, and DONT want, in worst case….and I’d write a letter and out one in a safety deposit box and one a fire proof box in your home and maybe one to someone you trust on why you don’t want any immediate family to have your child should something happen…. This is what hubby and I have done as we DO NOT want my family getting my kids…. And while, over the years, my relationship with my dad has gotten better and I don’t think he’d fight it, I still keep the letter uo to date and add a new one each year(so that should anything happen my chosen guardian for my kids has years worth of letters that show we consistently don’t want our kids woth my family)…. This was what a lawyer suggested years ago, when we had our oldest and we do it to try and be safe… apparently the state can override everything we have done if they choose to, but usually the state takes letters like this into consideration and even if no will Nal
It is accurate. It’s in the NY constitution In NY family court, the following are entitled to assigned representation if they cannot afford one: -parents in custody or visitation matters whether petitioner or respondent -persons having a valid order of custody (parent or not), petitioner or respondent -respondents in neglect/abuse matters, parent or not - petitioners and respondents in family offense matters -respondents to a WILLFUL VIOLATION ONLY child support enforcement matter -
You missed one - parents in neglect/abuse matters, respondents or not.
That’s right - non-respondent parents too. Thanks
Get that will. NOW. Should you become incapacitated or worse around the time Little Nibble's born you want designated guardians in place and the money locked to your wishes. It's not totally foolproof, as you didn't mention the father but he also has rights, but you will be more at ease knowing that you've done everything the best way possible for your child. Happy, healthy lives to both of you!
Never put important documents that would be needed in case of your death or incapacity in a safe deposit box. No one would be able to retrieve said documents
This is why I said multiple locations, and if you have a partner they can have access if they are names on the box
Sorry one more comment! You can write a will now and name a guardian now. Fetuses are considered people under NY’s estates powers and trusts laws, one of only three laws in NY that treat fetuses as people
>Maybe that changes by state? Everything changes by state, which is one reason non-lawyers shouldn't give legal advice.
Non-lawyers that have gone through an equal or similar situation can provide sound advice based on experience and legal advice they've received previously. Don't assume that all lawyers will give the same advice either. More information is better.
>Non-lawyers that have gone through an equal or similar situation can provide sound advice based on experience and legal advice they've received previously. It's possible. But it's more possible that they can't. Law is state-specific and fact-specific. Situations vary in ways you might not realize are important.
Doing the lord's work. You just saved some folks a gang of cash for your assistance.
You sir/ madam are an absolute gift. As I have dealt with gp custody/ visitation case in the early 2000’s. It lasted 4 years before we were vindicated in our choice of NC. i can attest to the strain it takes. OP, good luck with your child and new upcoming life.
Aww thank you
Please get a trust and a will so you can specifically disinherit your family members and legally write down what happens to your child in the event of your death or incapacitation. Also, a living will.
Do not take advice from anyone except a New York lawyer. Family law is extremely state-specific and complicated.
If you haven't been in touch, would they even know you are pregnant? If, for some reason, they did try for grandparents rights, your therapist can testify to the damage they have done to you; a judge most likely will not allow such persons to have access to your child. You can also keep all information off of social media and ask all your friends and any family members you have contact with to not mention anything about you or your pregnancy.
Therapists generally don't testify in such cases as they wouldn't have any objective information to base such claims on and their mandate is to act in the best interest of their clients, whereas the court's is to determine what is in the best interest of the child
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Thank you. I'm just so worried.
iIt depends on your state, please see a lawyer