Home PARENTING Custody Issues Can Ruth Madoff’s daughters in law keep her from seeing the grandkids?...

Can Ruth Madoff’s daughters in law keep her from seeing the grandkids? Read this if you don’t want grandma near your kids

Do grandparents have rights to visit their grand-kids?

So. What if Ruth’s daughters in law were keeping her grand-kids away from her on purpose–especially Debbie Madoff who is getting divorced from Ruth’s son Andrew Madoff? What if, like her sons, Ruth’s daughters in law want nothing to do with Ruth and they don’t want their kids near her? Does Ruth have any legal rights to see her grand kids? Does she have any legal rights to continue a relationship with her grand kids, assuming she does have grand-kids? What is the law in New York on grand-kids and their relationship with their grandparents?

The rule in New York seems a bit more generous than the Federal rule. In New York, a grandparent has standing to seek visitation with the grand-kids under two circumstances. The first is that one or both parents have died. And the second is that it is “equitable” and in the child’s best interest to have a relationship with the grand-kids.

The grandparent would bring either a “special proceeding” or proceed by “writ of habeas corpus.”

A grandparent would have to establish one or the other or both conditions above in order to get a hearing from the Supreme Court or Family Court to determine whether or not visitation with the grand-kids is “in the child’s best interest.”

In order to prevail, the grandparent has to show more than just “I love my grand-kids.” They have to show an ongoing relationship with their grandchildren that it would be in the children’s interest to continue; and that there is not so much “animosity” between the parent(s) and the grand-parents, that the grandparent could not have a “healthy” relationship with the grand-kids that does not include “bad-mouthing” the parent(s).

Now more than ever, now that Bernie is incarcerated, Ruth is all alone in that penthouse (which she will probably lose.) She is totally isolated since her sons reportedly have not said a word to their parents since they turned their father in. And the daughters in law were reportedly even trying to change the kid’s names. If she had a relationship with her grandkids prior to the scandal, she may have standing to get a hearing to seek visitation if it is not voluntarily allowed by the daughters in law and her sons. By relationship, she may send them letters, cards, bar/bat mitzvah gifts, phone calls, trips, etc. She has the burden of showing a close, ongoing relationship with her grand-kids in order to prevail in an order to show cause that she should have visitation. This rule applies not just to Ruth, of course, but to any grandparent in New York who is seeking visitation with the grand-kids.

Y’all may want to look at the following cases among others: 

DRL Section 72;

Gloria R. v. Alfred R 209 AD 2d 179;

Emanuel S. v. Joseph E 78 NY 2d 178;

Higuchi v. Brown 204 AD 2d 452

Seymour S. v. Glen S. 189 AD 2d 765 

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