Q: Grandmother's visitation rights case under NY jurisdiction after SC move

A: Grandparent visitation rights are an amorphous bundle of assumptions usually mismanaged by a court. The operative statute is Family Court Act §651(b) and this statute makes little sense when it is enforced by the court. There is a federal law involved which adds to the confusion.

From this asker's facts, it appears she is nine months in South Carolina upon the grandparents filing of a §651(b) petition. Federal UCCJEA law prohibits a hearing on such a petition because a period greater than six months has elapsed since the child relocated to a different state. New York loses jurisdiction and South Carolina gains it. The grandparent would have to file in South Carolina.

We cannot opine as to the merits of this proceeding assuming the New York court decides to take this case which it should not. We do not know if the grandparent will sustain an exigent circumstance hearing and a best interests hearing as we know none of the operative facts of this asker's case. The few facts the asker provides give little in the form of the grandparent's case as the grandparent can lie through her teeth to the court and whip up any fiction she wants to denigrate the asker.

Nonetheless, in order for the asker to preserve her custody of her child, she must retain New York counsel to move to dismiss the §651(b) petition. The court will not know that the child is in South Carolina and will strive to keep the case in New York as kids are the new oil.

A: Jurisdiction for custody and visitation cases is where the child has resided for the past 6 months. If you have lived with the child in South Carolina for over 6 months you should ask to have the case dismissed for lack of Jurisdiction.

A: I understand that you are concerned about your daughter’s grandmother seeking visitation rights in New York, especially after she has had little contact with your daughter since your move to South Carolina. In New York, grandparents have the right to petition for visitation with their grandchildren under certain circumstances, but this does not guarantee that they will be granted visitation. The court’s primary concern is always the best interests of the child.

For the grandmother to succeed in her petition, she must first establish that she has standing to seek visitation. In New York, grandparents can have standing if they can demonstrate that they have a pre-existing, meaningful relationship with the child, or if special circumstances exist, such as the death of one of the parents. In your case, you have stated that the grandmother has had minimal contact with your daughter since your move to South Carolina and that she has not consistently maintained a relationship. Her lack of regular contact may weaken her claim of having a meaningful relationship with your daughter.

If you have text messages from the grandmother stating that she does not “bother you” and other messages showing limited or argumentative contact, these can be used as evidence to challenge her claim of a close relationship. You should organize and save these messages, along with any other records showing her lack of involvement in your daughter’s life.

Regarding the grandmother’s alleged false claims, such as stating that you refused to speak with her, these inconsistencies can be raised during the court hearing. While perjury is a serious accusation, it is more likely that the court will simply view her false statements as damaging to her credibility. If the court finds that her claims are untruthful, it may affect the weight of her testimony and the overall strength of her case.

Because you have moved to South Carolina, you may also challenge the New York court’s jurisdiction over the visitation case, arguing that South Carolina is now your daughter’s primary residence. If the court agrees, the case could be dismissed in New York. However, if the court finds that New York is still the proper jurisdiction, you may need to defend against the visitation petition there.

It would be in your best interest to consult with an experienced family law attorney who can help you present your evidence effectively, challenge the grandmother’s claims, and ensure that your parental rights are protected.

This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.

A: You’ve taken steps to protect your daughter and it’s understandable that you’re frustrated by these claims. Since you have full residential custody and moved several months ago, the question of whether New York still has jurisdiction may be challenged. Courts usually consider the child’s “home state,” and after six months of living in South Carolina, that could shift jurisdiction away from New York.

False statements made by the grandmother may impact how the court views her credibility, but perjury is rarely pursued in family court unless the lies are extreme and clearly proven. Instead of focusing on punishing her, it’s better to concentrate on presenting your evidence clearly—screenshots of texts, call logs, and records that show a lack of interest from her side. The court will weigh her claims against the reality of the situation, especially since your daughter was only six months old at the time of the move and is now still very young.

The court’s main concern will be your daughter’s best interests. If the grandmother hasn’t maintained consistent contact or made sincere efforts, that could weaken her case. You have the right to tell your side and show that this move was made for the well-being of your child. Keep your documentation organized and stay focused on your daughter’s needs—that’s what matters most in the eyes of the court.