The process of divorce is complicated and emotionally exhausting for all parties involved, especially when the couple has children. In these cases, parents and the court must determine the best course of action for their future as well. This includes establishing custody to settle a child’s custodial and non-custodial parent as well as where the child lives. When this happens, parents do not always get to spend the same amount of time with their children. However, the non-custodial parent may still have the right to visitation. It is important for parents to stay in their child’s life, which is why parents should retain the services of an experienced Suffolk County family law attorney to fight for their right to see their child.
How Does Custody Impact Visitation?
There are different types of custody that a parent may obtain during their divorce proceedings. Usually, this includes physical custody or legal custody. Physical custody determines where the child lives, while legal custody determines the influence a parent has in their child’s life. However, there are some cases in which a parent may be granted sole custody. This gives them both physical and legal custody of their children. While this is rare, it may happen in the event that the court believes one parent is not fit to raise their child. This may be due to substance abuse, incarceration, a history of violence, institutionalization, and more.
While this is true, the court believes that both parents should be involved in their child’s life if it is possible and safe. It is because of this that non-custodial parents can still be awarded visitation rights in the event that they are able to turn their life around and prove to be a parent of good moral character. When this happens, the court may schedule supervised visits with the child.
What is an Order for Visitation?
Parents who wish to obtain visitation rights are required to request this with the court. This can be done by requesting an Order for Visitation with the Family Court against the parent who does have custody of the child. When this is done, it is important to keep in mind that only particular family members can do so. This includes only parents, siblings, and grandparents.
Contact our Firm
Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. Our firm understands the impact a divorce can have on your life. If you require strong and dedicated legal representation in Long Island, New York, please do not hesitate to contact Peter V. Mandi & Associates, Inc. today.