Do Parents have a Right of Visitation?
The Right of Visitation in Child Custody and Divorce Cases | Westchester County, NY
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.
The Divorce and Child Custody Lawyers of Proto, Sachs & Brown, 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.
Let the divorce and child custody lawyers of Proto, Sachs & Brown, 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, NY, 10801.
