What Are Child Visitation Rights?

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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.

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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