Divorce is the worst part of marriage, and unfortunately, it rarely goes smoothly. When couples divorce, they very often disagree on their terms. Child custody is, rather obviously, one of the most contested issues in divorce, as both parents sometimes have their own idea of how their child should be raised and in what environment. However, the court’s number one priority is ensuring the transition goes as smoothly as possible for their child. This is because children are, in a sense, innocent bystanders to a divorce, and should not have to bear the brunt of it. If your spouse was granted sole custody, there is a very good chance you are now looking into what you can do to see your child once again. Fortunately, you may be granted visitation rights, in the right circumstances. Here are some of the questions you may have:
What does sole custody mean?
Generally, when a couple gets a divorce, the court will determine who has legal custody of the child, and who gets residential custody of the child. Essentially, legal custody refers to key decision-making authorities, such as religion, what schools the child will attend, and more. Residential custody, on the other hand, refers to where your child will be physically located.
When the courts deem one parent unfit to carry out their parental duties faithfully and responsibly, they may grant the other parent sole custody of their child, meaning he or she has full legal and residential custody. This is obviously a very stressful situation for the other parent, however, as long as he or she can prove they are doing what they can do get back on the right path, they may be granted supervised visits with their child. If this sounds like something that may work for you, please read on.
How do I get an Order for Visitation in New York?
Once the courts can confirm that you are requesting access to your child to have an established, ongoing and positive relationship, you may apply for an Order for Visitation. However, the courts will consider various additional factors before they make their decision. Additionally, you should note that only parents, grandparents, and siblings may request an Order for Visitation. Generally, aunts, uncles, cousins, and more, will not qualify. If you believe you are entitled to an Order for Visitation, please do not hesitate to contact one of our experienced attorneys today.
Contact our experienced Rockland County firm
The Law Office of Peter L. Jameson, PLLC is an experienced divorce and family law firm located in New City, NY. It is essential to retain effective legal guidance during such pivotal times in life. Contact our firm today to discuss your legal matter and get the quality legal representation you deserve.
