A divorce does not only cause stress and hardship between the two partners but also with the children involved as well. If one parent is granted sole physical and legal custody, the child’s relationships with the other parent and family members can be diminished. While New York courts will always strive to make the best decisions for a family’s custody arrangements, it is possible that in some cases, you may feel like your rights have been violated. If you need strong legal representation because you believe your child visitation rights are being violated, it is in your best interest to contact our experienced and knowledgeable New York family law attorneys at The Law Office of Peter L. Jameson, PLLC today to get started. Continue reading to learn more about child custody rights in New York:
What role does sole custody play in child visitation rights in New York?
Sole legal and physical custody is rarely granted by the court unless it is deemed necessary. For most situations, New York courts will do their best to allow both parents to make important decisions in their child’s life. However, when sole legal and physical custody is awarded to one parent, the other parent or family members can request visitation rights if they believe that their rights are being violated.
How can I gain visitation rights?
Usually, the entire family is affected by a child custody arrangement. Even extended family members like grandparents, siblings, and step-siblings may request visitation rights. With extended family members, the request for visitation rights is not enough for the court to award access to the child. The extended family members have the burden to prove that by withholding their access from the child and not providing them with a positive, loving relationship, the custodial parent was not acting in the best interests of the child. In New York family members including aunts, uncles, cousins, and stepparents are not eligible to apply for child visitation rights.
Do I have to go to court?
In some situations, parents would rather not spend the extra time or money in court to communicate their concerns about child custody or visitation issues. Mediation is an option that uses a third party to come to an agreement outside court.
If you have questions about child visitation or are considering mediation to settle your dispute, contact our experienced family law attorneys to discuss your options.
Contact our Firm
The Law Office of Peter L. Jameson, PLLC understands the harsh implications of relocation can have on a child and his or her parents. When you have a contested relocation matter, it is important to have an experienced attorney to represent you in court. If you are faced with a relocation matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.
