Matter of Sanders v Ellis

Holding The court affirmed the dismissal of the putative grandmother’s petition, holding that while she established biological standing, equitable considerations did not warrant judicial intervention to grant visitation. The court found that the mother’s objections were well-founded and that the prior visitation order did not independently confer standing.

The court’s words

a putative grandparent may petition for visitation as long as he or she establishes by clear and convincing evidence that he or she is the child's biological grandparent

2026 NY Slip Op 05796, at the official text

the statute provides a procedural mechanism for grandparents to acquire standing to seek visitation with a minor grandchild

2026 NY Slip Op 05796, at the official text

an essential part of the inquiry is the nature and extent of the grandparent-grandchild relationship

2026 NY Slip Op 05796, at the official text

the mother's objections to visitation were well founded, particularly in light of the mother's concerns regarding the child's safety

2026 NY Slip Op 05796, at the official text

the visitation order, standing alone, does not confer standing

2026 NY Slip Op 05796, at the official text