Child visitation is an important topic to address after a divorce. When a child is involved in a divorce, it can cause immense stress and heartbreak. The goal of both parties should be to make all decisions with the best interests of the child in mind. In some cases, parents may need to fight for their custodial rights in order to protect their relationship with their children. If you believe that your child visitation rights have been violated, it is in your best interest to retain an experienced New York family law attorney to help you navigate through this challenging time. At the Law Offices of Susan A. Kassel, P.C., we are committed to fighting for you and your child’s best interests.
What role does sole custody play in child visitation rights in New York?
New York courts rarely award sole custody. However, if the court finds that one parent is unfit, they may grant the other parent sole physical and legal custody of the child. This means that the child will live with that parent and the parent will also make all important decisions on behalf of the child. These may include educational, social, medical, and religious decisions. A parent can be found unfit for a variety of reasons, such as substance abuse, incarceration, a history of violence, institutionalism, and more.
In a sole custody situation, however, the non-custodial parent may still have visitation rights. New York courts recognize that it is in the best interests of the child to have both parents in his or her life. If a deemed unfit parent can start to make a comeback and better his or her life, they may be able to schedule supervised visits through the court. In best-case scenarios, parents cooperated so well that the once unfit parent was contributing to their child’s life in a healthy and positive way, which allowed the court to modify custody arrangements.
If you have lost physical and legal custody of your child and believe your rights have been violated, our firm is here to help you.
What is an order for visitation?
If you are a parent that has lost physical and legal custody of your child and would like to gain child visitation rights, you may have the request an order for visitation. Only certain family members can request the court’s intervention on child visitation rights. Parents, grandparents, and siblings are the only people that can ask a court to grant an order of visitation. Stepparents, aunts, uncles, and cousins, no matter the connection, cannot request an order. If you fit into a category that allows for you to request an order, contact one of our experienced New York family law attorneys to help you make an informed decision on this matter.
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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.