Child visitation rights are often a contested issue during the divorce process. New York courts will always strive to make visitation decisions with the child’s best interest in mind. If you believe that your child visitation rights have been violated and would like to gain access to your child, it is in your best interest to retain an experienced New York family law attorney to help you navigate through this process. At Greenberg & Walden, LLC, we are dedicated to fighting for you and your family.
What role does sole custody play in child visitation rights in New York?
In the state of New York, courts will rarely award sole custody unless deemed necessary. If courts find that one parent is unfit, they may grant the other parent sole and legal custody of the child. This means that the child will live with that parent and the parent will make all educational, social, medical, and religious decisions on behalf of the child. A court may deem a parent unfit if they have substance abuse issues, have faced incarceration, have a history of violence or institutionalism, and more.
However, in a sole custody arrangement, the non-custodial parent may be able to obtain visitation rights. New York courts understand the importance of having both parents in a child’s life. If the non-custodial parent is able to prove that they are on a better path and can provide positive care towards their child, they may be granted supervised or unsupervised visitation.
If you are a non-custodial parent who lost physical and legal custody of your child, and you believe your visitation rights have been violated, do not hesitate to contact our firm to discuss this matter.
What is an order for visitation?
If you would like to obtain child visitation rights, you must go through the New York court system for approval. An order for visitation is a request that can be submitted by a parent, grandparent, or sibling in order to obtain child visitation rights. If a court finds that your addition into a child’s life will satisfy their best interests, then they may grant you visitation rights. It is important to note that stepparents, aunts uncles, and cousins cannot request this order.
If you fit into a category that allows you to request an order, contact Greenberg & Walden, LLC to get started on this process.
Contact our Firm
We understand how emotional and difficult matters of family law can be. If you need the assistance of a knowledgeable attorney to help protect your right to your family, please do not hesitate to contact our experienced firm. We are eager and dedicated to helping you through this difficult time. Our personal injury specialists at Greenberg & Walden, LLC are standing by for a free initial consultation. Call us at 201-528-6928