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This is a complicated issue and courts use the best interest of the child standard. There must be a preexisting and substantial relationship between the child and the grandparent and each parent's wishes will be given special weight by the court. The grandparent may need to join in a divorce proceeding or file an independent petition for visitation. Grandparents rights in New York are not explicit and the grandparent should consult with an attorney who specializes in family law.


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