What to Know About Child Visitation Rights in New York

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When it comes to child visitation rights in New York, all schedules must be approved by the court in order to be binding. In New York, and most other states, the court system will put the best interests of the child at the forefront of all of the decisions they make regarding child custody and child visitation. If you have questions or concerns regarding your rights to visitation, it is in your best interest to contact our experienced New York family law attorneys today to learn about your options. At Peter V. Mandi & Associates, Inc., we are committed to ensuring that your rights are protected.

When might a parent not have child visitation rights in New York?

A New York court will always make its child visitation and custody rights based on the best interests of the child. On rare occasions, a court can deem a parent unfit to be a guardian. There are various factors that courts will consider when are found unfit to parent their child. Some examples of this are drug and alcohol abuse, incarceration, domestic abuse, institutionalization, and more.

If one parent is deemed unfit, it is likely that the other parent will have sole legal and physical custody of the child. This means that the child will live with that parent, and the parent will be responsible for all medical, educational, social, religious, and other decisions on behalf of the child.

However, New York laws still want unfit parents to eventually obtain the right to become the parent the child deserves. Their visitation rights can be limited to supervised visits.

If you have lost physical and legal custody of your child, our firm is dedicated to helping you fight for your right to visitation.

How can I obtain visitation rights?

If a parent or family member would like visitation rights to see a child, they will have to go through the New York court system. An Order for Visitation is reserved for specific family members, such as parents, grandparents, and siblings. The court, however, may not award these visitation rights automatically. The court will consider various factors and decide on the matter with the best interest of the child in mind. The Order for Visitation does not include stepparents, aunts, uncles, and cousins. If a family cannot establish a visitation that works for everyone, or a custodial parent is denied access to the child, an Order of Visitation may be necessary.


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.

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