What Are Child Visitation Rights?

When a couple gets divorced, child custody is very often one of the most hotly contested issues, and understandably so. Usually, both spouses will feel they are better suited to care for the child, though oftentimes, the court’s decision is far from an even split. This is because the court’s primary concern is the child or children, not his or her parents. The courts believe that the child’s transition should go as smoothly as possible because he or she does not deserve to bear the brunt of the divorce.
However, if the courts determined that your former spouse is entitled to sole custody of your child, it may sound like a nightmare. Perhaps you feel this decision was unfair, and are now worried about how you will see your child moving forward. Fortunately, there is something known as “visitation rights,” which can potentially allow you to see your child, perhaps even more than you may think. If this sounds like something that may work for you, please read on. Here are some of the questions you may have:

What is sole custody?

Essentially, if a court believes one parent is unfit to perform his or her parental duties responsibly and honestly, they will usually grant one parent sole custody. If this is the case, they will grant one spouse residential and legal custody. Essentially, if your former spouse was granted residential custody, your child will live with him or her at all times. Additionally, if your spouse was also granted legal custody, he or she may make all your child’s major life decisions until your child is of age to do so him or herself. However, if you are the noncustodial parent, meaning you do not share custody of your child, you may still be able to schedule supervised visits, as long as you can prove you are doing what you can to improve your parental fitness.

Who can obtain an Order for Visitation?

Essentially, if you are ready to request the court’s help to gain access to a child with an established, ongoing, and positive relationship, you may be able to request an Order for Visitation. However, the courts will consider various factors when deciding whether they will approve such a request. Additionally, only parents, grandparents, and siblings are eligible to request an Order of Visitation. If you believe you qualify for an Order for Visitation, please contact our compassionate and knowledgeable firm as soon as you can.

Contact our experienced New York firm

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, please do not hesitate to contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.