Child custody is often a contentious issue in a divorce or separation. If your visitation rights are denied or restricted, you may wonder about your parental rights and options. Reach out to an experienced Suffolk County child visitation lawyer to set up your free consultation today.

What is Visitation?

Visitation, also referred to as parenting time, allows a noncustodial parent to spend time with their child on a regular basis. During child custody determinations, New York courts strive to protect the child’s best interests, which is generally being able to maintain a healthy relationship with both parents. If shared physical and legal custody is not in the child’s best interest, allowing them access to their other parent through visitation is often a way to ensure they can still see each other regularly.

Visitation can be supervised or not supervised depending on the details of the situation, and it is generally on a fixed schedule. Some circumstances may allow the parent overnight visitation while others will not depending on the child’s age and other relevant factors.

Can Visitation Rights Be Denied in NY?

While visitation is an important parental right and allows the child to remain connected with both parents, visitation rights can be denied or restricted. Courts try to avoid restricting a parent’s access to their child, but under certain circumstances it may be deemed necessary. When making decisions regarding custody and visitation, courts consider the “best interest of the child” standard which takes into account a variety of factors including the following.

  • Each parent’s parenting skills and ability to provide for the child’s needs
  • The mental and physical health of each parent
  • Whether there has been evidence of domestic violence or other issues like emotional abuse, neglect, abandonment, etc.
  • Each parent’s ability to cooperate and co-parent with the other

While there are more considerations, the above are the most important when determining a noncustodial parent’s visitation rights.

When Will Visitation Rights Be Denied or Restricted?

As stated, the only reason a parent’s right to access their child would be limited is if it is to protect the child. If there is any reason to believe that visitations could put the child in danger, a parent’s rights could be denied or restricted. Valid reasons could include evidence of domestic violence, substance abuse, unsafe living arrangements, cruelty, neglect, mental instability, and more.

If any of the above is present in your situation, the court could limit visitation. This could result in supervised visits, supervised visits with a mental health professional, requiring a neutral exchange location, requiring a monitored exchange, or in extreme cases denying visitation altogether. Visitation will only be outright denied if the court believes that you are a danger to your child.

If your visitation is restricted or denied, you can petition the court for a modification. Work with a skilled family lawyer for more information and representation.