Guardianship Lawyer Suffolk County

A guardianship proceeding asks a court to appoint someone with legal authority to make decisions for a minor child, or for a person who is unable to manage their own affairs. Families in Suffolk County raise these questions for many different reasons, from a grandparent stepping in to care for a grandchild to a family needing someone with authority to handle a loved one’s affairs. Law Offices Of SRIS, P.C. works with clients to understand what type of proceeding fits their situation, since eligibility, procedure, and the scope of authority granted all depend on the type of guardianship being sought. Grandparents raising questions about custody or visitation also face a related but distinct set of standards under New York’s Domestic Relations Law. Because these matters are fact-specific and the right path forward depends heavily on the family’s circumstances, an individualized review is typically the best starting point. Call (888) 437-7747 to schedule a consultation to discuss your family’s situation.

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Understanding Guardianship Proceedings in New York

Guardianship is a general term covering more than one type of legal proceeding, and the specific process, eligibility requirements, and scope of authority granted to a guardian depend on which type of guardianship is being sought and the needs of the person involved. A guardianship for a minor child generally addresses who has legal authority to make decisions for the child when a parent is unavailable or unable to do so, while a guardianship sought for an adult who cannot manage their own affairs addresses a different set of concerns and a different process entirely. In every case, the court’s central task is deciding who should hold decision-making authority and how broad or limited that authority should be. Because the requirements and procedure vary by the type of guardianship at issue and by the specific facts of the family involved, the most useful first step is typically a review of the family’s circumstances and the type of decision-making authority actually needed.

Grandparent Custody and Visitation Under N.Y. Dom. Rel. Law § 72

A closely related question that often comes up alongside guardianship is whether a grandparent can seek custody of, or visitation with, a grandchild. New York does not give grandparents an automatic right to custody or visitation simply because of the family relationship. Under N.Y. Dom. Rel. Law § 72, a grandparent may seek custody where extraordinary circumstances exist, and the statute specifically identifies an extended disruption of custody of twenty-four months or more as one way to establish extraordinary circumstances, while also recognizing that a shorter period may qualify depending on the facts. Separately, § 72 allows a grandparent to seek visitation with a grandchild where one or both of the child’s parents have died, or where circumstances exist that equity would see fit to intervene on behalf of the grandparent. Whether a particular family’s facts meet either standard depends heavily on the history between the grandparent, the parents, and the child. The firm helps grandparents and other family members in Suffolk County evaluate whether their circumstances fit within § 72 before any petition is filed.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 and is a former prosecutor. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris attended George Mason University, where he developed a background in accounting and information systems that he applies to guardianship matters that often involve financial and property-management responsibilities.

Mr. Sris and the firm’s Of Counsel attorneys assist families throughout the Suffolk County area with guardianship and grandparent custody and visitation matters, though the firm does not maintain a physical location in Suffolk County and meets with clients from the area by appointment. The firm does not offer free consultations; prospective clients may request a scheduled consultation by calling (888) 437-7747. The firm’s intake line is staffed 24/7. Because the outcome of any guardianship or custody matter depends on the specific facts and family circumstances involved, the firm does not guarantee any particular outcome in any matter.

Frequently Asked Questions

What is a guardianship proceeding?

A guardianship proceeding asks a court to appoint someone with legal authority to make decisions for a minor child, or for a person who cannot manage their own affairs. The eligibility requirements and scope of authority depend on the type of guardianship sought.

Do grandparents have an automatic right to custody of a grandchild?

No. Grandparents do not have an automatic right to custody simply because of the family relationship. Under N.Y. Dom. Rel. Law § 72, a grandparent must show extraordinary circumstances before a court will consider awarding custody.

What counts as extraordinary circumstances for a grandparent seeking custody?

Section 72 identifies an extended disruption of custody of twenty-four months or more as one way to establish extraordinary circumstances, though the statute also allows a shorter period to qualify depending on the facts of the case.

Can a grandparent seek visitation if a parent is still living?

Yes, in some circumstances. Section 72 allows a grandparent to seek visitation where a parent has died, or where circumstances exist that equity would see fit to intervene, which can include situations where both parents are living.

Does a guardianship for a minor work the same way as one for an adult?

No. The eligibility requirements, procedure, and scope of authority differ depending on whether the guardianship involves a minor child or an adult who cannot manage their own affairs. A review of the specific facts is needed to determine which type of proceeding applies.

Does Law Offices Of SRIS, P.C. have a physical office in Suffolk County?

No. The firm does not maintain a physical location in Suffolk County. Consultations are by appointment, and prospective clients may request a scheduled consultation by calling (888) 437-7747.

Can the firm guarantee that a guardianship petition will be granted?

No. The firm does not guarantee any particular outcome. Whether a guardianship petition is granted depends on the facts of the case and the court’s assessment of the family’s circumstances.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

Attorney advertising. Prior results do not guarantee a similar outcome.