Q: Can my daughter's grandmother's visitation case be dismissed due to her perjury?

A: I understand your frustration with this situation, especially when you believe that false statements have been made against you in court. In New York, a grandparent may petition for visitation with their grandchild under Domestic Relations Law § 72, but they must demonstrate that they have standing and that the visitation is in the best interests of the child. Standing is generally established by showing that a grandparent has a substantial pre-existing relationship with the child, or that circumstances such as parental death make visitation appropriate.

In your case, the fact that your daughter’s grandmother ceased communication in September 2024 and expressed disinterest in maintaining a relationship may weaken her claim to standing. Her texts indicating that she “doesn’t bother you” could be presented as evidence that she chose to disengage. If the court finds that she did not maintain a meaningful relationship with your daughter and that her visitation request is not in the child’s best interests, the petition may be denied.

Regarding the issue of perjury, it is important to understand that perjury is a criminal offense involving knowingly making a false statement under oath. However, not every false statement in family court leads to a perjury charge. In your situation, you may use the text messages as evidence to challenge her credibility and to show that her statements under oath were false. You can present the text messages to the referee as evidence of her inconsistent statements, which may undermine her case. While this may not lead to criminal perjury charges, it can significantly impact her credibility and the strength of her claim.

If you are currently in front of a referee rather than a judge, the referee will make findings of fact and recommendations, but those findings are subject to review by a judge. You should prepare your evidence clearly, including a timeline of communications and the text messages that contradict her claims. If the referee’s recommendation is unfavorable, you can request a review by a judge.

You may also consider consulting with an experienced family law attorney who can help you present your case effectively and ensure that the court understands the complete history of your daughter’s relationship with her grandmother.

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: This is a follow question by the asker. In a previous response, this writer wrote about the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA), and how a six month stay in South Carolina divested New York of jurisdiction over the child's visitation. Now, we discover there is a referee and a pending proceeding, and the asker is avoiding a procedural opportunity to dismiss the case instead relying on a credibility call.

The reliance on a credibility call is misplaced because the referee can determine who is telling the truth. The referee is the lie detector, and there is an equal chance the proceeding will not be dismissed assuming a properly filed and served motion to dismiss. However, using the federal UCCJEA would be more fruitful as the referee must follow federal law. Why the asker is not taking advantage of this procedural device is unclear.

As for the asker's direct question, yes, any case can be dismissed for any reason. All that is needed is a motion to dismiss. However, in this particular case, where the family court's aim of keeping families together clashes with the messages sent between private parties, a dismissal may or may not happen. We also do not know if the asker answered the petition and provided affirmative defenses as to all her message traffic with the grandparent.

The asker is again advised to see an attorney and retain him for this very sensitive matter which could result in a return to New York in the most extreme case.

A: You’re in a tough and emotional situation, especially when someone who has stepped back from your child’s life suddenly seeks court-ordered involvement. While it’s upsetting that your daughter’s grandmother gave false statements under oath, courts don’t automatically dismiss visitation cases based solely on perjury. However, the inconsistency between her claims and your text evidence can seriously damage her credibility and influence the outcome.

What matters most in these cases is the best interest of your child. If you can show the court that the grandmother willingly broke off the relationship, had little to no contact with your daughter, and is now pursuing visitation out of conflict rather than care, the referee may consider that in their recommendation. The texts showing her disinterest and your continued communication with her daughter can paint a clearer picture of the real dynamics.

Make sure you bring all your documentation to court, including timelines, texts, and any other proof that supports your position. Keep your focus on your daughter’s well-being and the impact this legal action is having on both of you. While perjury alone may not dismiss the case, it adds to your argument that this is not a healthy or consistent relationship for your child. Stay steady—you’re doing what you need to protect her peace.