Will a New York Court Order a Forensic Evaluation When Grandparents Seek Custody of a Child?

Many New York family law cases involve a child custody dispute. Most often, these disputes arise when the parents of a child or children go through a divorce and argue over who has primary custody of the children. However, in some cases, grandparents seek visitation or custody of a child. This may be after a divorce or even while the child’s parents are still together. In previous posts, we have discussed under which situations a court may award visitation or custody to grandparents. As previously noted, grandparents do not have a “right” to the custody of their grandchildren. Thus, custody will only be awarded to a grandparent if certain factors are present. Among others, a court must determine that awarding custody to a grandparent or grandparents is in the best interests of the child. How Do Courts Determine What Is in the Best Interests of a Child? Judges know the law. However, very few judges are trained in psychology, and fewer still are able to glean…

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