Anthony J. LoPresti, Attorney at Law
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Do You Want To Establish

Grandparents’ Rights?

Grandparent’s play a significant role in the lives and upbringing of their grandchildren. Our family lawyer is passionate about protecting that role.

Contact Us Today

Grandparents’ Rights Attorney

Helping Grandparents Maintain Family Ties: (516) 252-0223

At Anthony J. LoPresti, Attorney at Law, we believe that children are raised best when they are surrounded by their family members. Proper development of self-esteem, stability and identity are deeply interconnected with cooperative community ties within the family. If you are a grandparent seeking to establish visitation rights with your grandchild, contact our family law attorney. We would be proud to offer you the compassionate legal support and highly effective guidance that you require in order to achieve your goals. Although your rights are more vulnerable, you do have limited visitation rights to your grandchild under law. However, if the parents of your grandchild are living and married, you do not have the right to see your grandchild. A parent’s decision to keep his or her child away from a grandparent is generally validated by law. If the parents are divorced, the child is in non-parent custody, the parents are separated, or one of the parents has died, you have the right to remain in contact with your grandchild. Let us help you take advantage of your rights!

When Can I Request Visitation Or Custody?

It is important to understand that the court will only grant visitation rights to a grandparent if he or she had a prior bond with the grandchild. State court understands that the continuation of this bond is within the best interests of the child.

  • When A Parent Passed Away
  • When A Stepparent Has Adopted The Grandchild
  • When The Grandchild Is No Longer Living With Either Parent
  • When One Parent Has Been Sent To Jail, Prison Or Institutionalized
  • When The Parents Are Not Married To One Another
  • When A Divorce Or Other Proceeding Is Pending
  • When One Of The Parents Has Not Been Located For One Month
  • When The Parents Are Married But Separated On An Indefinite Basis
  • When One Of The Parents Applies With The Grandparents

Frequently Asked Questions

We Have The Answers That You Need

  • Questions

  • When Can I Sue For Visitation Rights?

    Answer

    You are entitled to sue for visitation rights under the following circumstances: the parents of your grandchild no longer live together, one of the parents of your grandchild has been missing for more than 30 days, your grandchild does not want to live with his or her biological parents, the step-parent of your grandchild has adopted him or her.

  • Can Court Ordered Visitation Be Modified Or Terminated?

    Answer

    Yes, a court ordered grandparent visitation order can be modified or terminated. However, the party seeking to terminate or modify the visitation order must file a Motion to Modify in District Court. In addition, if the original grandparent visitation agreement was pursuant to an Agreed Visitation Order, the party seeking to modify or terminate the agreements will be required to prove the change of circumstances. In addition, the party seeking to modify or terminate must show that this action is within the best interests of the child.

  • As A Grandparent, Can I Be The Legal Guardian?

    Answer

    A grandparent can be the legal guardian of his or her grandchild. In fact, guardianship may be necessary for a number of reasons including the following: the parent’s health, the parent’s military duty (requiring him or her to leave the country) or parental unfitness. Guardianship can be granted with our without the agreement of the parent(s). If granted despite the objection of the parent(s), the court determined it would be within the best interest of the child to grant guardianship to the child’s grandparent(s).

  • Anthony J. LoPresi

    Founding Attorney

    Anthony J. LoPresti, ESQ., is a family law attorney with nearly 30 years of experience in divorce and related areas of matrimonial law. He is a dedicated professional who understands that successful representation requires more than a thorough knowledge of the law; it requires a fine tuned sensitivity to the financial and emotional needs of each clients. Together with his team, Mr. LoPresti works to obtain outstanding results for each client.

    Founded in Nassau County in 1990, the firm focuses exclusively in family law, and Mr. LoPresti is commonly regarded as one of New York’s leading divorce lawyers. The firm and its dedicated legal team handle a variety of complex divorce, custody and family law matters. Through many years of negotiation and trial experience, Attorney LoPresti has gained the trust and admiration of families he has helped.

Why You Should Turn to Our Firm

  • Dedicated Exclusively to Family Law

  • Nearly 3 Decades of Experience

  • Member of the Nassau County Bar Association

  • Member of the New York State Bar Association

  • Member of the NY State Trial Lawyers Association

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We Protect The Bonds Of Extended Family

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