It depends on your circumstances. The majority of states employ the philosophy that keeping the primary family unit intact is essential, with "primary family unit" meaning the biological parents and any children that are involved. Deviating from this traditional route is difficult; however, due to the overwhelming trend of data that suggests that custodial grandparenting is as common as ever, this difficulty will hopefully begin to change. Grandparents' rights in New York are not explicit, meaning that they are ill-defined. Without clear definition, you are relying almost solely on an agreement between the individuals who have primary custody (typically the parents) and the grandparents seeking rights. Because there is more weight associated with the wishes of the primary parents, they are able to deny any request for grandparents' rights, including those that provide visitation. Grandparents' rights are often complicated- even in my state of Pennsylvania- so I would do some research or meet with someone for a consultation if this dilemma personally applies to you. Best of luck!