Do Parents have a Right of Visitation?
The Right of Visitation in Child Custody and Divorce Cases | Westchester
At one time, visitation was seen as the natural right of the noncustodial
parent (the parent who does not have physical custody). However, more
recent court decisions reflect a shift in the thought process of the New
York Family Courts where visitation is considered as a joint right between
the noncustodial parent and the child.
In other words, the New York Family Courts have clearly taken the position
that is in line with the "best interests of the child" standard
that is used so often in making custody decisions. There is a presumption
that visitation is in the best interest of the child and those same best
interests dictate the nature and extent of a parent's visitation rights.
Noncustodial parents have a right to "reasonable and meaningful access
to their children". "Meaningful" has been defined as being
frequent and regular. In instances where the parents reside within close
geographic proximity, this can mean that weekly visitation. Where the
parents are not in close proximity, liberal visitation can be ordered
which allow the noncustodial parent to see the child during school holidays,
vacations and summer recess.
In the New York Family Courts, even after an initial finding, noncustodial
parents are somewhat successful in convincing the appellate courts that
the trial court failed to order sufficient visitation that would serve
the best interests of the child. Often, the visitation time is expanded
to allow the noncustodial parent more time with the child.
Experienced White Plains Divorce and Child Custody Lawyers- Westchester, NY
If you are involved in a
child custody case in the Westchester County Family Courts (White Plains, New Rochelle
or Yonkers, NY) or have a
divorce action pending in the Westchester County Supreme Court in White Plains,
NY, then you understand the importance of having an accomplished custody
and divorce attorney to protect your rights when it comes to your children.
After all, preserving and maximizing your relationship with your child
is of the utmost importance and will have an impact on the type of person
they will become as they grow.
Divorce and Child Custody Lawyers of Riebling, Proto & Sachs, LLP have been representing clients in
the Westchester Supreme Court and the Westchester Family Courts in White
Plains, New Rochelle and Yonkers, NY for more than 5 decades combined.
Over the years, we have fought and won orders of
custody and visitation for our numerous clients in matters involving child custody and visitation,
Family Offenses (where an order of protection could prevent parents from seeing or talking
to their children), and in cases of neglect and abuse.
Child Custody and Divorce Attorneys with Proven Results | White Plains
| Westchester County, NY
When protecting the rights of parents in child custody and divorce case, our
family lawyers listen very carefully to the specifics of your case and tailor a plan
of action that is meant to pursue the best interests of you and your child.
We will discuss the different options that are available (sole vs. joint
custody; access schedules, etc.) so that you can make informed decisions
about how to proceed. Since we practice in all of the divorce and family
courts in Westchester County, NY, we are familiar with the preferences
and procedures of the various family court judges. While the law remains
the same throughout the courts, each courts has is own way of handling,
conferencing, trying and deciding issues of child custody. For example,
some courts will actively participate in attempting to settle child custody
issues between the parties and others will move the matter towards a hearing
where testimony will be taken and evidence presented before a decision
will be reached. Knowing each court allow us to prepare our clients and
let them know what they can expect.
divorce and child custody lawyers of Riebling, Proto & Sachs, LLP use the knowledge that they have developed in the courtroom and working
with courts, to protect your rights of custody and visitation in your
divorce or family court action.
Contact us today to speak with one of our attorneys and allow them to help you.
Free consultations are available and we will accommodate your schedule
to allow us to meet and discuss your case. Call (914) 946-4808.
Westchester County Divorce and Family Court Information:
All Divorce matters are handled on the 10th floor of the Westchester County Courthouse, 111 Dr. Martin Luther King,
Jr. Blvd., White Plains, New York 10601. Matters are conferenced by Court-Attorney
Referees or are handled by Supreme Court Judges.
Issues of Child Custody and Visitation (in non-divorce cases) are heard
in any of the three Westchester County Family Courts located in the County
Courthouse in White Plains, NY, in the Westchester Family Courthouse-
Yonkers at 53 South Broadway, 3rd Floor, Yonkers, NY 10701 and in the
Westchester Family Courthouse-New Rochelle at 420 North Avenue, New Rochelle,