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Globe and Mail
3 days ago
- General
- Globe and Mail
Manhattan Family Law Attorney Richard Roman Shum Clarifies Grandparents' Rights in New York
In a detailed new article, Manhattan family law attorney Richard Roman Shum ( explores the legal avenues available to grandparents seeking visitation or custody of their grandchildren under New York law. The article highlights how the legal system recognizes the vital role grandparents can play in a child's emotional development and stability, particularly when access is restricted or denied by parents. Grandparents facing barriers to maintaining their relationships with grandchildren often turn to a Manhattan family law attorney for legal guidance. According to Richard Roman Shum of the Law Office of Richard Roman Shum, Esq., New York law permits grandparents to petition for visitation or custody under certain conditions. This legal path requires demonstrating that continued contact supports the child's best interests, especially when family circumstances have changed due to death, divorce, or estrangement. A Manhattan family law attorney can help navigate these issues, especially in light of the protections parents are afforded under the U.S. Constitution. The article cites the influence of the Supreme Court case Troxel v. Granville, which affirmed the rights of parents to control their children's upbringing. As a result, New York courts place a high burden of proof on grandparents who seek to override a parent's decision and must show that denying visitation would be detrimental to the child. 'Grandparents often play a meaningful role in a child's life, offering emotional support, family traditions, and a strong sense of identity,' states the article. 'New York law recognizes the potential value of these relationships and offers grandparents the opportunity to petition the court for visitation or custody under certain conditions.' New York's Domestic Relations Law § 72 provides a legal route for grandparents to request visitation. The statute outlines the circumstances under which a grandparent may be eligible, starting with establishing legal standing. If one or both of the child's parents are deceased, divorced, or missing, grandparents may qualify to file a petition more easily. In situations where both parents are alive and oppose visitation, the grandparent must establish 'equitable circumstances' that justify the court's involvement. Courts evaluating these cases weigh the nature and history of the grandparent-grandchild relationship, the reasons for the parents' objection, and whether denying contact would negatively affect the child's well-being. The article explains that grandparents must also demonstrate that the child resides in New York State and that a significant relationship already exists or efforts were made to build one. When visitation is not appropriate or sufficient, grandparents may also seek custody under more stringent legal standards. Richard Roman Shum outlines that to do so, grandparents must show 'extraordinary circumstances,' such as parental unfitness, abandonment, or neglect. Courts require a strong showing that awarding custody to a grandparent is in the child's best interest and necessary for their safety and stability. The article also details the process for filing a visitation petition in Manhattan's Family Court. Grandparents must gather documents supporting the depth of the relationship, serve notice to the child's legal guardians, and prepare for court hearings where the petition's merits are reviewed. The court may appoint a legal representative for the child and consider all evidence to make a decision focused entirely on the child's welfare. To build a compelling case, grandparents are encouraged to document their involvement in the child's life, such as participation in school events, healthcare, and daily routines. The use of mental health evaluations or witness testimony from teachers or coaches can further strengthen the case. Courts may also recommend mediation to resolve disagreements before issuing a ruling. In his explanation, Richard Roman Shum emphasizes that a thoughtful legal approach is key to preserving grandparent-grandchild bonds. While courts begin with a presumption that parents are acting in their child's best interests, they remain open to evaluating evidence that continued contact with a grandparent serves the child's needs. The Law Office of Richard Roman Shum, Esq provides legal support to grandparents navigating these family law challenges. Based in Manhattan, the firm assists clients in presenting thorough legal petitions, negotiating visitation terms, and, when necessary, pursuing custody to protect the child's welfare. Understanding the rights of grandparents in New York involves a careful balance between respecting parental authority and recognizing the emotional support that grandparents can offer. For grandparents seeking legal ways to maintain a meaningful role in their grandchildren's lives, New York law provides a framework to pursue visitation or custody when justified by the circumstances. Those concerned about maintaining contact with a grandchild due to divorce, estrangement, or other family changes can explore available legal options. A properly prepared case supported by credible documentation can make a difference in the outcome of a visitation or custody request. About Law Office of Richard Roman Shum, Esq: The Law Office of Richard Roman Shum, Esq. is a Manhattan-based legal practice focusing on family law matters. Led by attorney Richard Roman Shum, the firm assists clients with matters involving divorce, custody, and visitation. The practice is committed to helping individuals and families navigate legal challenges with a focus on the child's well-being and long-term stability. Embeds: GMB: Email and website Email: richard@ Website:
Globe and Mail
20-06-2025
- Globe and Mail
Manhattan Child Custody Lawyer Richard Roman Shum Explains What Can Be Used Against a Parent in a Custody Battle
Navigating a custody dispute requires clarity, preparation, and an understanding of what courts consider when determining the best arrangement for a child. Manhattan child custody lawyer Richard Roman Shum ( sheds light on these legal challenges in his recent article, 'What Can Be Used Against You in a Custody Battle?' This insightful breakdown helps parents understand what factors may negatively influence a judge's custody decision in New York. Richard Roman Shum, a Manhattan child custody lawyer at the Law Office of Richard Roman Shum, Esq., explains that New York courts assess custody based on the child's best interests. No preference is given to either parent based on gender. Every decision made by the court reflects a comprehensive evaluation of the parent's ability to provide a safe, stable, and nurturing environment. As Shum outlines, actions and behaviors that may seem minor in daily life—like missing visits, sending inappropriate messages, or failing to comply with court orders—can become pivotal in custody proceedings. One of the key areas that courts examine, as noted by Manhattan child custody lawyer Richard Roman Shum, is any history of abuse. This includes physical, emotional, or psychological harm. 'A consistent pattern of physical aggression, such as hitting, choking, or inflicting bodily harm, indicates a potentially dangerous environment, and courts will act to protect the child from future risk,' he states. Even if the abuse does not happen in the child's presence, it can still impact custody decisions. Harassment, intimidation, or controlling behaviors are also taken seriously, especially when they create an unstable home. Substance abuse is another significant factor in custody cases. Shum explains that courts consider not only whether a parent has a history of drug or alcohol misuse, but also the steps taken to address the issue. Voluntarily participating in treatment programs, maintaining long-term sobriety, and agreeing to supervised visitation or drug testing are all positive indicators of parental responsibility. On the other hand, denial, concealment of substance use, or refusal to comply with monitoring measures can undermine a parent's position. Mental and emotional health plays a similarly critical role in the court's analysis. According to Richard Roman Shum, courts do not automatically penalize parents for having a mental health diagnosis. What matters is whether the condition affects their ability to parent. For instance, untreated symptoms that result in unpredictable or disruptive behavior may be viewed as compromising to a child's welfare. However, consistent treatment and medical compliance can demonstrate stability and reliability in caregiving. Criminal history is also scrutinized, with a focus on the nature, timing, and frequency of offenses. Violent crimes, domestic violence, and serious drug offenses carry the greatest risk to a parent's custody claim. Even non-violent offenses can raise questions about judgment and reliability, particularly if the criminal behavior is recent or recurrent. Courts also consider whether a parent has made genuine efforts toward rehabilitation. Neglect and lack of involvement are additional red flags in custody proceedings. Failing to meet a child's physical, educational, or emotional needs is often interpreted as a lack of parental commitment. Richard Roman Shum outlines examples such as returning children without proper care, missing school events, or ignoring court-mandated visitations. Such behaviors can paint a picture of disengagement, which judges take seriously when considering custody arrangements. Financial stability is another core component. While income alone doesn't determine custody, the ability to consistently provide housing, food, clothing, and medical care reflects on a parent's suitability. Irresponsible financial behavior, such as unpaid child support, heavy debt, or unstable housing, can weaken a parent's case, especially when the other parent demonstrates greater consistency and responsibility. The article also discusses how non-compliance with legal orders, including court-mandated visitations, support payments, or protective directives, can significantly damage a custody claim. Failing to honor these obligations shows a disregard for legal structure and may lead to reduced parenting time or even supervised visitation. To improve custody outcomes, Richard Roman Shum emphasizes the importance of proactive steps. These include following all court orders, being actively involved in the child's life, addressing personal issues like substance abuse or mental health conditions voluntarily, maintaining a stable home, and communicating respectfully with the other parent. Courts in New York place a premium on action and consistency. Demonstrating reliable parenting through day-to-day involvement, adherence to legal requirements, and a focus on the child's well-being is key. As Shum explains, 'New York courts value action over intention, and tangible proof of good parenting will always carry more weight than verbal promises alone.' Parents facing custody disputes in Manhattan can look to the Law Office of Richard Roman Shum, Esq. for guidance through every stage of the process. With legal support tailored to each family's circumstances, the firm helps clients avoid missteps and present the strongest possible case for custody. Building a strong foundation of stability, responsibility, and legal compliance is essential for securing favorable outcomes in court. Parents seeking direction and legal support in a custody matter can begin by consulting with the Law Office of Richard Roman Shum, Esq. A clear legal strategy and documented record of responsible parenting provide the best path to a custody arrangement that supports the child's best interests. About Law Office of Richard Roman Shum, Esq. The Law Office of Richard Roman Shum, Esq. serves families in Manhattan with legal representation focused on family law. The firm is committed to helping parents navigate custody disputes by providing guidance rooted in New York family law and the best interests of the child. Embeds: Youtube Video: GMB: Email and website Email: richard@ Website:
