What to Know About Child Visitation Rights in New York

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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.


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.

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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