How Do New York Family Courts view a Parents Right to Visitation?

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 (restricted) visitation.

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 Proto, Sachs & Brown, 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.