How Does Child Visitation Work in New York?

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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.

Why choose our firm?

We have an excellent AVVO rating from our many happy clients

We will tirelessly pursue a favorable resolution to your case

We offer aggressive and effective representation

We treat our clients with the compassion, patience, and respect that they deserve

We have more than 20 years of dedicated legal experience

We have the legal knowledge necessary to help you obtain the outcome you desire

We tailor our practice to the representation of your divorce case

What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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