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Transcript

hi I’m mark Bernstein I’m a divorce attorney in Westchester and Bronx County and today I’m going to discuss the rights of grandparents and a divorce stay tuned there’s two issues for grandparents one is custody and one is visitation and custody it’s the parent that has priority so if one of the parents is seeking custody it’s unlikely the grandparent will get custody unless you show that the parent either relinquished its right or waived his rights or her rights but without that it’s the priority goes to the parent so usually what happens is grandparents seek visitation so grandparents are entitled to visitation if their child the grandparents child does not have visitation and that situation may arise if that parent either doesn’t exercise visitation it’s prevented from visitation is in jail or for any other reason then the grandparent has the right to go to court to seek visitation however if that grandparents child has visitation rights then the court presumes that the grandparent can visit during that child visitation so that grandparent we have to establish that for one reason or another they are not allowed or they’re precluded from visiting during their child visitation this is Mark Bernstein I hope that answers your questions about grandparents right in divorce in New York if you have any questions give me a call.