How Does Child Visitation Work in New York?

Going through a divorce is difficult for all parties that are involved. This is especially so if the couple has children. When parents go through a divorce, they must determine the future of their children as well as their own. This requires them to establish a custody arrangement. This settles who a child’s custodial and non-custodial parent is as well as where they will live. While this may not always allow both parents equal time with their child, a non-custodial parent can still have visitation rights. Being involved in your child’s life is extremely important. It is because of this that parents should retain the services of an experienced New York divorce attorney in order to fight for their right to see their child.

How Does Sole Custody Impact Visitation?

During divorce proceedings, parents can obtain certain types of custody of their children. Generally, this is physical custody or legal custody. While physical custody determines where the child lives, legal custody determines the influence a parent can have in their child’s life. However, there are some circumstances in which one parent is granted sole custody. This is when one parent has both physical custody and legal custody of their child. This may be the case in the event that the court believes one parent is unfit and cannot be trusted to ensure the safety of their child. This may be due to substance abuse, incarceration, a history of violence, institutionalization, and more.

While this is true, it is important to the court that both parents are involved in their child’s life. It is because of this that a non-custodial parent may still be awarded visitation rights. If a troubled parent can better their life and prove to be an upstanding person, the court may allow scheduled supervised visits with their child. 

What is an Order for Visitation?

When a parent wishes to obtain visitation rights, they need to request it with the court. This can be done by requesting an Order for Visitation in Family Court against the individual who does have custody of the child. In doing so, it is important to know that only certain family members are able to do so. This can include only parents, grandparents, and siblings. 

Contact our Firm

Divorce is complex. Fortunately, our firm is here to address any questions and concerns you may have regarding your rights, assets, and future. When you choose our firm to represent your best interests, we address each of your concerns and answer all of your questions to help you rest assured knowing you have a compassionate, skilled firm fighting in your corner. We leave no stone unturned. No matter your legal situation, if you need us, we are here. We pride ourselves on providing sympathetic service and aggressive representation to clients all over Suffolk County. Do not hesitate to contact the Law Offices of Susan A. Kassel, P.C. for a consultation.