Custody is a very delicate situation for both parents and children. Losing custody of a child can be distressing for all parties involved. However, these situations often warrant visitation, allowing you to continue your relationship with your child. Read on to learn more about visitation in New York.
Types of custody:
In New York, there are three main types of custody awarded to parents.
- Physical custody: This type of custody refers to where the child will stay most of the time. This parent is also responsible for the child and will provide a home, stability, food, clothes, etc. In some cases, custody can be shared equally by both parents or guardians. Physical custody can be split up into sole, joint, or shared.
- Legal custody: A parent who has legal custody has the responsibility of making important decisions on behalf of the child’s life. These can involve academic, social, medical, religious, etc. decisions. One or both parents may have legal custody, and a parent does not have to have physical custody to have legal custody.
- Sole custody: When a parent is deemed unfit, the other parent will be awarded sole custody. However, the unfit parent will generally be awarded visitation. These visits may be supervised or unsupervised, depending on the situation.
Why do parents lose custody?
Parents do not lose custody often, as New York courts believe a child benefits from having a relationship with both parents. However, a parent may lose custody if there is evidence of the following:
- Abuse
- Substance abuse
- Neglect
- Refusal to co-parent
- Failure to follow court orders
What is an order for visitation?
If you are a parent and you have lost physical and legal custody of your child, you may have the request an order for visitation. It is important to be aware that only certain family members can request the court’s intervention when it comes to child visitation. Parents, grandparents, and siblings are the only people that can ask a court to grant an order of visitation. Unfortunately, stepparents, aunts, uncles, and cousins, no matter the connection, cannot request an order. If you fit into a category that allows you to request an order, it is important to work with an experienced family law attorney.
If you have any questions or concerns about visitation rights in New York, our firm is here to help. Reach out today to discuss your case with a dedicated family law attorney.
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Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.
