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How Are Child Visitation Rights Determined in New York?

Posted on February 15, 2023

Having children is one of life’s greatest blessings. Not being able to see your child can be excruciating. Whether you are just gone through a divorce, were never married, or the custodial parent does not want you to see your child; a New York child custody attorney from the Law Office of Vivien I. Stark, P.C., can help you secure visitation rights.

What is Child Visitation?

Child visitation is the ability of the non-custodial parent to spend time with their child. This visitation time is often on a regular schedule that remains fairly consistent. For the most part, parents are able to come to a visitation agreement amicably if they still talk to each other after a divorce is finalized or if they separate. However, there are times when the New York Family Courts have to get involved and make a determination.

The Child’s Best Interests

As with all decisions made by the Family Court in New York, they will be done so by taking the child’s best interests into account. So, when the visitation schedule is made, the court will look at the following:

  • The age of the child
  • The non-custodial parent’s involvement in the child’s education and social life
  • The proximity of the non-custodial parent’s residence to the child’s permanent residence

What Does a Child Visitation Schedule Look Like?

The visitation schedule will vary based on each individual case, but often they are quite similar. For example, consider the following:

  • The non-custodial parent will have the child every other weekend
  • The age of the child determines if the visits are overnight stays or not
  • At least one overnight or dinner visit for the non-custodial parent every week
  • Both parents will alternate having the child on school holidays
  • In the summer, the non-custodial parent can have extended visits with the child of more than one week

Types of Visits Assigned by The Court

The court has five types of visits it can assign to a case and they are as follows:

  1. Therapeutic supervised visits: A mental health professional can be appointed to supervise your visits if your mental health is a concern or your parenting skills are determined to be lacking.
  2. Supervised visits: If the court views you as a danger to your child, or will act inappropriately when with them, a supervisor will be at all of your visits to ensure the safety of the child.
  3. Monitored transfer: A neutral third person will be ordered to be present when you transfer your child to the other parent if the court believes that there will be a problem when it occurs.
  4. Neutral place of exchange: The court can order you to exchange custody of the child with the other parent at a neutral safe place if it believes the exchange will be problematic. Such options include a firehouse, police station, library, or school.
  5. Visitation denial: If the court deems you to be a danger to your child, it can deny your visitation rights completely.

Call a Child Custody Attorney in New York Today

Are you trying to obtain visitation rights? Has the custodial parent denied you access to your child? The New York child custody attorney at the Law Office of Vivien I. Stark, P.C., can help you navigate these rough waters. Call our office today to schedule a consultation.

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