A Parent's Right to Visitation in Child Custody Cases in the Family
Courts of New York State
Child Visitation was historically considered only a
right of a parent. However, developments in the law and in the understanding of what is
important to the development of children has led to changed view throughout
the Family Courts of New York State. Now, visitation is seen as a right
shared by both the parent and child.
It is recognized policy to encourage access between a child and both parents,
as it is now presumed that the child's best interests are served by
having visitation with the noncustodial parent. However, if the circumstances
warrant it and it serves the best interest of the child, a Family Court
will not hesitate to deny visitation to a parent or mandate supervised
Visitation considerations can expand beyond that of parent versus parent.
In instances where issues of visitation arise between a parent and nonparent,
the courts will generally defer to the constitutional rights of parents
to determine who may have access to their children. Under Domestic Relation
Law Sections 71 and 72,
grandparents and even siblings may be awarded visitation as long as they can demonstrate
that they have standing, meaning that they have a sufficient stake or
interest, in seeking visitation and that such visitation will serve the
best interests of the child.
Protecting a Parent's Right to Visitation
With over 50 years of combined experience, the Family Law attorneys of
Riebling, Proto & Sachs, LLP have successfully represented parents in the Family Courts of Westchester
County (in White Plains, Yonkers and New Rochelle, NY), Putnam County,
Orange County, Dutchess County, Rockland County and the Bronx.
Understanding how the different courts approach custody and visitation
cases is very important and often will determine how a particular case
should be presented and what facts are crucial to the decision making
process. If you or someone you know is involved in a child custody and/or
visitation dispute, please
contact us immediately to find out how we can assist you.
With free initial consultations and flexible hours, we can make sure that
your case is handled promptly.
Call our Family Law child custody and visitation attorneys at (914) 946-4808.