section 72(1) visitation in New York

2026"When a grandparent seeks visitation pursuant to Domestic Relations Law § 72(1), the court must make a two-part inquiry" ( Matter of Sands v Sands , 174 AD3d 628 , 629 [internal quotation marks omitted]; see Matter of E.S. v P.D. , 8 NY3d 150 , 157).

2025Instead, the statute provides a procedural mechanism for grandparents to acquire standing to seek visitation with a minor grandchild" ( Matter of Marchant v Marchant , 185 AD3d 1035, 1035-1036 [internal quotation marks omitted]; see Matter of E.S. v P.D. , 8 NY3d 150, 157 ). "[W]hen grandparents seek visitation under section 72(1), the court must undertake a two-part inquiry.

2023Sibley v Sheppard , 54 NY2d 320, 326 ; Matter of Weiss v Orange County Dept. of Social Servs. , 142 AD3d 505, 505-506 ). "'When a grandparent seeks visitation pursuant to Domestic Relations Law § 72(1), the court must make a two-part inquiry'" ( Matter of McAvoy v McAvoy , 155 AD3d 867, 868 , quoting Matter of Gray v Varone , 101 AD3d 1122, 1123 ; see Matter of Sands v Sands , 174 AD3d 628 , 629). "'First, [the court] must find standing based on death or equitable circumstances,'" and "'[i]f [the court] concludes that the grandparents have established the right to be heard, then it must determ

2020The grandmother appeals. "'When a grandparent seeks visitation pursuant to Domestic Relations Law § 72(1), the court must make a two-part inquiry'" ( Matter of McAvoy v McAvoy , 155 AD3d 867, 868 , quoting Matter of Gray v Varone , 101 AD3d 1122, 1123 ; see Matter of Sands v Sands , 174 AD3d 628 , 629). "'First, [the court] must find standing based on death or equitable circumstances," and "[i]f [the court] concludes that the grandparents have established the right to be heard, then it must determine if visitation is in the best interest of the grandchild" ( Matter of E.S. v P.D. , 8 NY3d 150,

2023Sibley v Sheppard , 54 NY2d 320, 326 ; Matter of Weiss v Orange County Dept. of Social Servs. , 142 AD3d 505, 505-506 ). "'When a grandparent seeks visitation pursuant to Domestic Relations Law § 72(1), the court must make a two-part inquiry'" ( Matter of McAvoy v McAvoy , 155 AD3d 867, 868 , quoting Matter of Gray v Varone , 101 AD3d 1122, 1123 ; see Matter of Sands v Sands , 174 AD3d 628 , 629). "'First, [the court] must find standing based on death or equitable circumstances,'" and "'[i]f [the court] concludes that the grandparents have established the right to be heard, then it must determ

2020"When a grandparent seeks visitation pursuant to Domestic Relations Law § 72(1), the court must make a two-part inquiry" ( Matter of Gray v Varone , 101 AD3d 1122, 1123 ).

2019"When a grandparent seeks visitation pursuant to Domestic Relations Law § 72(1), the court must make a two-part inquiry" ( Matter of Gray v Varone , 101 AD3d 1122, 1123 ; see Matter of Rodriguez v ACS-Kings , 169 AD3d 693 , 693-694; Matter of Brancato v Federico , 118 AD3d 986 ).

2019We affirm. " When a grandparent seeks visitation pursuant to Domestic Relations Law § 72(1), the court must make a two-part inquiry'" ( Matter of Moskowitz v Moskowitz , 128 AD3d 1070, 1070 , quoting Matter of Brancato v Federico , 118 AD3d 986, 986 ; see Matter of Broomfield v Evans , 140 AD3d 748, 748 ).

2025Instead, the statute provides a procedural mechanism for grandparents to acquire standing to seek visitation with a minor grandchild" ( Matter of Marchant v Marchant , 185 AD3d 1035, 1035-1036 [internal quotation marks omitted]; see Matter of E.S. v P.D. , 8 NY3d 150, 157 ). "[W]hen grandparents seek visitation under section 72(1), the court must undertake a two-part inquiry.

2023When a grandparent seeks visitation pursuant to Domestic Relations Law § 72(1), the court must make a two-part inquiry ( see Matter of Kushner v Askinazi , 209 AD3d 735 ; Matter of Marchant v Marchant , 185 AD3d 1035, 1036 ).

2019We affirm. " When a grandparent seeks visitation pursuant to Domestic Relations Law § 72(1), the court must make a two-part inquiry'" ( Matter of Moskowitz v Moskowitz , 128 AD3d 1070, 1070 , quoting Matter of Brancato v Federico , 118 AD3d 986, 986 ; see Matter of Broomfield v Evans , 140 AD3d 748, 748 ).

2019"When a grandparent seeks visitation pursuant to Domestic Relations Law § 72(1), the court must make a two-part inquiry" ( Matter of Moskowitz v Moskowitz , 128 AD3d 1070, 1070 [internal quotation marks omitted]; see Matter of E.S. v P.D. , 8 NY3d 150, 157 ; Matter of Broomfield v Evans , 140 AD3d 748, 748 ; Matter of Gray v Varone , 101 AD3d 1122, 1123 ).

2026"When a grandparent seeks visitation pursuant to Domestic Relations Law § 72(1), the court must make a two-part inquiry" ( Matter of Sands v Sands , 174 AD3d 628 , 629 [internal quotation marks omitted]; see Matter of E.S. v P.D. , 8 NY3d 150 , 157).

2023Sibley v Sheppard , 54 NY2d 320, 326 ; Matter of Weiss v Orange County Dept. of Social Servs. , 142 AD3d 505, 505-506 ). "'When a grandparent seeks visitation pursuant to Domestic Relations Law § 72(1), the court must make a two-part inquiry'" ( Matter of McAvoy v McAvoy , 155 AD3d 867, 868 , quoting Matter of Gray v Varone , 101 AD3d 1122, 1123 ; see Matter of Sands v Sands , 174 AD3d 628 , 629). "'First, [the court] must find standing based on death or equitable circumstances,'" and "'[i]f [the court] concludes that the grandparents have established the right to be heard, then it must determ

2014“First, it must find that the grandparent has standing, based on, inter alia, equitable considerations” (id. at 1123; see Matter of E.S. v P.D., 8 NY3d 150, 157 [2007]; Matter of Emanuel S. v Joseph E., 78 NY2d 178, 181 [1991]; Matter of Ann M.C. v Orange County Dept. of Social Servs., 250 AD2d 190, 194 [1998]).

2014“First, it must find that the grandparent has standing, based on, inter alia, equitable considerations” (id. at 1123; see Matter of E.S. v P.D., 8 NY3d 150, 157 [2007]; Matter of Emanuel S. v Joseph E., 78 NY2d 178, 181 [1991]; Matter of Ann M.C. v Orange County Dept. of Social Servs., 250 AD2d 190, 194 [1998]).

2017Here, the Family Court providently exercised its discretion in determining that the grandmother had standing to petition for visitation pursuant to Domestic Relations Law § 72 (1) (see Matter of Gort v Kull, 96 AD3d 842, 843 [2012]).

2016Here, the Family Court providently exercised its discretion in determining that the grandmother had standing to petition for visitation pursuant to Domestic Relations Law § 72 (1) (see Matter of Quinn v Heffler, 102 AD3d 876, 876 [2013]; Matter of Gort v Kull, 96 AD3d 842, 843 [2012]).

2015As an initial matter, we note that it is undisputed that the paternal grandmother has standing to seek visitation pursuant to Domestic Relations Law § 72 (1) because the children’s father is deceased (see Matter of E.S. v P.D., 8 NY3d 150, 157 [2007]; see generally Matter of Wilson v McGlinchey, 2 NY3d 375, 380 [2004]).

2015As an initial matter, we note that it is undisputed that the paternal grandmother has standing to seek visitation pursuant to Domestic Relations Law § 72 (1) because the children’s father is deceased (see Matter of E.S. v P.D., 8 NY3d 150, 157 [2007]; see generally Matter of Wilson v McGlinchey, 2 NY3d 375, 380 [2004]).

2019We affirm. " When a grandparent seeks visitation pursuant to Domestic Relations Law § 72(1), the court must make a two-part inquiry'" ( Matter of Moskowitz v Moskowitz , 128 AD3d 1070, 1070 , quoting Matter of Brancato v Federico , 118 AD3d 986, 986 ; see Matter of Broomfield v Evans , 140 AD3d 748, 748 ).

2019"When a grandparent seeks visitation pursuant to Domestic Relations Law § 72(1), the court must make a two-part inquiry" ( Matter of Moskowitz v Moskowitz , 128 AD3d 1070, 1070 [internal quotation marks omitted]; see Matter of E.S. v P.D. , 8 NY3d 150, 157 ; Matter of Broomfield v Evans , 140 AD3d 748, 748 ; Matter of Gray v Varone , 101 AD3d 1122, 1123 ).

2024First, the court must find standing based on death or equitable circumstances; and if the court concludes that the grandparents have established the right to be heard, then it must determine if visitation is in the best interest of the grandchild" ( Matter of Marchant v Marchant , 185 AD3d at 1036 [brackets and internal quotation marks omitted]; see Matter of Noguera v Busto , 189 AD3d 1050, 1051 ). "[T]he courts should not lightly intrude on the family relationship against a fit parent's wishes" ( Matter of E.S. v P.D. , 8 NY3d at 157 ).

2023First, the court must find standing based on death or equitable circumstances; and if the court concludes that the grandparents have established the right to be heard, then it must determine if visitation is in the best interest of the grandchild" ( Matter of Marchant v Marchant , 185 AD3d at 1036 [brackets and internal quotation marks omitted]; see Matter of Noguera v Busto , 189 AD3d 1050, 1051 ). "'A hearing to determine the issue of standing is not necessary where there are no triable issues of fact raised in the submitted papers'" ( Matter of Sands v Sands , 174 AD3d 628 , 630, quoting Ma

2015We reject the mother’s contention that Family Court erred in concluding that the grandmother had standing to seek visitation pursuant to Domestic Relations Law § 72 (1), inasmuch as the grandmother established that “conditions exist [in] which equity would see fit to intervene” (see id.; Matter of E.S. v P.D., 8 NY3d 150, 157 [2007]; Matter of Hilgenberg v Hertel, 100 AD3d 1432, 1433 [2012]).

2015We reject the mother’s contention that Family Court erred in concluding that the grandmother had standing to seek visitation pursuant to Domestic Relations Law § 72 (1), inasmuch as the grandmother established that “conditions exist [in] which equity would see fit to intervene” (see id.; Matter of E.S. v P.D., 8 NY3d 150, 157 [2007]; Matter of Hilgenberg v Hertel, 100 AD3d 1432, 1433 [2012]).

2015We agree with the Attorney for the Children that Family Court properly determined that visitation with the paternal grandmother is in the children’s best interests (see Matter of Varney v McKee, 44 AD3d 1178, 1179 [2007]).

2015We agree with the Attorney for the Children that Family Court properly determined that visitation with the paternal grandmother is in the children’s best interests (see Matter of Varney v McKee, 44 AD3d 1178, 1179 [2007]).

2025First, the court must find standing based on death or equitable circumstances; and if the court concludes that the grandparents have established the right to be heard, then it must determine if visitation is in the best interest of the grandchild" ( Matter of Marchant v Marchant , 185 AD3d at 1036 [alterations and internal quotation marks omitted]; see Matter of Poznik v Salkin , 214 AD3d 663, 663-664 ).

2023First, the court must find standing based on death or equitable circumstances; and if the court concludes that the grandparents have established the right to be heard, then it must determine if visitation is in the best interest of the grandchild" ( Matter of Marchant v Marchant , 185 AD3d at [*2]1036 [alterations and internal quotation marks omitted]; see Matter of Poznik v Salkin , 214 AD3d 663, 663-664 ). "'A hearing to determine the issue of standing is not necessary where there are no triable issues of fact raised in the submitted papers'" ( Matter of Sands v Sands , 174 AD3d 628 , 630, q

2012In considering whether a grandparent is entitled to visitation under Domestic Relations Law § 72 where both parents are alive, the Family Court must determine, first, whether equitable circumstances exist which provide the grandparent with standing and, if such circumstances exist, whether visitation would be in the grandchild’s best interest (see Domestic Relations Law § 72; Matter of Emanuel S. v Joseph E., 78 NY2d 178, 181 [1991]; Matter of Marks v Cascio, 24 AD3d 556, 557 [2005]; Matter of Knight v Griffith, 13 AD3d 449 [2004]; Matter of Horowitz v Kelly, 300 AD2d 659 [2002]).

2012In considering whether a grandparent is entitled to visitation under Domestic Relations Law § 72 where both parents are alive, the Family Court must determine, first, whether equitable circumstances exist which provide the grandparent with standing and, if such circumstances exist, whether visitation would be in the grandchild’s best interest (see Domestic Relations Law § 72; Matter of Emanuel S. v Joseph E., 78 NY2d 178, 181 [1991]; Matter of Marks v Cascio, 24 AD3d 556, 557 [2005]; Matter of Knight v Griffith, 13 AD3d 449 [2004]; Matter of Horowitz v Kelly, 300 AD2d 659 [2002]).

2026"First, it must find that the grandparent has standing, based on, inter alia, equitable considerations" ( Matter of Sands v Sands , 174 AD3d at 629 [internal quotation marks omitted]; see Matter of E.S. v P.D. , 8 NY3d at 157). "'If it concludes that the grandparent has established standing to petition for visitation, then the court must determine if visitation is in the best interests of the child'" ( Matter of Sands v Sands , 174 AD3d at 629, quoting Matter of Gray v Varone , 101 AD3d 1122 , 1123; see Matter of Kushner v Askinazi , 209 AD3d 735, 736 ).

2023When a grandparent seeks visitation pursuant to Domestic Relations Law § 72(1), the court must make a two-part inquiry ( see Matter of Kushner v Askinazi , 209 AD3d 735 ; Matter of Marchant v Marchant , 185 AD3d 1035, 1036 ).

2023"In considering whether a grandparent has standing to petition for visitation based upon circumstances showing that conditions exist which equity would see fit to intervene, an essential part of the inquiry is the nature and extent of the grandparent-grandchild relationship, among other factors" ( Matter of Lipton v Lipton , 98 AD3d 621, 621 [alterations, citation, and internal quotation marks omitted]; see Sands v Sands , 174 AD3d at 629; Matter of Moskowitz v Moskowitz , 128 AD3d 1070, 1070 ).

2020"In considering whether a grandparent has standing to petition for visitation based upon 'circumstances show[ing] that conditions exist which equity would see fit to intervene' (Domestic Relations Law § 72[1]), 'an essential part of the inquiry is the nature and extent of the grandparent-grandchild relationship,' among other factors" ( Matter of Lipton v Lipton , 98 AD3d 621, 621 , quoting Matter of Emanuel S. v Joseph E. , 78 NY2d at 182 ; see Sands v Sands , 174 AD3d at 629; Matter of Moskowitz v Moskowitz , 128 AD3d 1070, 1070 ).

2020"When a grandparent seeks visitation pursuant to Domestic Relations Law § 72(1), the court must make a two-part inquiry" ( Matter of Galizia v Galizia , 151 AD3d 851, 852 ).

2017“First, it must determine whether the grandparent has standing based on, inter alia, equitable considerations” (Matter of Galizia v Galizia, 151 AD3d 851, 852 [2017]).

2018When a grandparent seeks visitation pursuant to Domestic Relations Law § 72(1), the court must make a two-part inquiry ( see Matter of Winn v Diaz , 156 AD3d 645, 646 ; Matter of B.S. v B.T. , 148 AD3d 1029, 1030 ; Matter of Fitzpatrick v Fitzpatrick , 137 AD3d 784, 784-785 ).

2017The Attorney for the Child supports dismissal of the grandparents’ petitions, asserting in a letter that the child does not have any independent recollection of the paternal grandparents or of the allegations in their petition. 1 In determining these motions, the court has taken judicial notice of its own records, including prior orders and proceedings involving this child (see Jerome Prince, Richardson on Evidence § 2-209 [Farrell 11th ed 1995]; Matter of Lane v Lane, 68 AD3d 995 [2d Dept 2009]; Matter of Khatibi v Weill, 8 AD3d 485 [2d Dept 2004]). “ ‘When a grandparent seeks visitation purs

2026As for the great-grandmother's claim for joint legal custody, "[a] parent has a claim of custody to his or her child that is superior to all other persons, unless a nonparent establishes that there has been surrender, abandonment, persistent neglect, unfitness, an extended disruption of custody or other like extraordinary circumstances" ( Matter of Ronda A. v Jennifer A. , 224 AD3d 1130 , 1131 [3d Dept 2024] [internal quotation marks and citations omitted]; see Matter of Bennett v Jeffreys , 40 NY2d 543, 546 [1976]).

2022First, the court must find standing based on death or equitable circumstances; and if the court [*2]concludes that the grandparents have established the right to be heard, then it must determine if visitation is in the best interest of the grandchild" ( Matter of Marchant v Marchant , 185 AD3d at 1036 [brackets and internal quotation marks omitted]; see Matter of Noguera v Busto , 189 AD3d 1050, 1051 ). "'Standing [based on equitable circumstances] should be conferred by the court, in its discretion, only after it has examined all the relevant facts'" ( Matter of Kelly v Cairo , 198 AD3d 964,