Long Island Divorce & Family Law Firm Established in 1976

Visitation Rights in New York

150+ Years of Combined Experience

Visitation refers to the time that the "non-custodial" parent spends with his / her child. In New York, a parent has the legal right to spend quality time with his / her child even if the other parent is awarded sole physical custody. During the divorce proceedings, the terms of child custody and visitation are addressed by the court. At this time, the court will work with the parties and their attorneys to reach an agreement between both parents that outline the terms of the custody and visitation arrangements.

Parents should work together to decide on custody terms and a visitation schedule that is mutually agreeable. If the parties cannot agree, the court will hold a hearing and will decide custody and visitation terms for the parents. A parenting plan is an agreement between both parents that outlines the terms of the custody and visitation arrangements. Parents must work together to decide on a visitation schedule that is mutually agreeable. In some cases, the mother and father may create a parenting plan that also addresses decisions pertaining to the child's health, education, and general welfare.

When you schedule your free consultation, we can discuss your options and determine the best strategy during your child visitation case.

Problems with Arrangements

In some unfortunate cases, a parent's visitation rights may be challenged by the custodial parent, or even by the child. The custodial parent may not be willing to accommodate the visitation schedule, or the child may refuse to visit with the noncustodial parent. In these situations, it is in the best interest of the noncustodial parent to speak with a family law attorney.

By working with legal counsel, the noncustodial parent can help ensure their visitation rights are protected. A lawyer can also challenge the terms of the child custody arrangement if the custodial parent is noncompliant.

What Are Supervised And Restricted Visitations?

Parents who have exhibited destructive or violent behavior in the past may only be allowed to visit their children with supervision. A responsible adult like a family member, friend, or court-appointed supervisor will have to be present for the duration of the visit. Supervised visits may take place in a neutral facility and can help parents establish a regular schedule without having to see or interact with the other parent.

Do I Have Visitation Rights As A Grandparent?

Yes. If a grandparent who provides care to their grandchildren becomes involved in a disagreement with the child’s parents, they do have the right to seek the intervention of the court to protect their visitation rights. Judges will consider the basis and nature of the parent’s objection to visitation as well as the extent of the relationship between the grandchild and their grandparent.

Grandparent Visitation Rights

In New York, parents are not the only relatives that have child visitation rights. Grandparents of the child may also have visitation rights. At Wisselman, Harounian & Associates, we understand that the role of grandparents in a child’s life is often irreplaceable and necessary in regards to a child’s support and stability. Because the state of New York also recognizes the important roles grandparents play, grandparents can be granted visitation rights under various circumstances.

Contact a Long Island visitation attorney at our firm today!

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