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Does a Non-Custodial Parent Always Get Visitation in NY?

Posted on : July 24, 2018, By:  Mary Katherine Brown
Brooklyn, NY Lawyer for Visitation

How Is Child Visitation In New York Determined

Determining whether or not a non-custodial parent is allowed visitation with the child or children involved in a divorce is a prominent question presented by both parents. When a court awards child custody to a parent, known as the custodial parent, a non-custodial parent typically retains some right to visitation.  

This is true except in cases in which visitation with the non-custodial parent is determined to be detrimental to the child. Common examples of this include when the non-custodial parent has a history of neglect or abuse. In general, judges view it as the best possible outcome for children when they have some type of relationship and regular interaction with both parents, regardless of which parent maintains custody.  

Denied Parenting Time In New York

One of the hardest things for a non-custodial parent to deal with is when the other parent or guardians deny the non-custodial parent his or her parenting time. It’s very stressful for a parent who already has limited visitation to be denied the time they were expecting.

Custody Orders In New York

When the court enters a custody order, it will usually also be done in conjunction with a visitation order that specifies the times and days that the non-custodial parent can visit their child. If a custodial parent interferes with the outlined rights of a non-custodial parent, a non-custodial parent can go to court with the help of their New York divorce lawyer and file a petition for enforcement of a visitation order.

Documentation Of Instances Of Interferance

A non-custodial parent in this position should be prepared and give information about the specific instances in which a custodial parent interferes with visitation time. If there are appropriate facts to determine that a violation occurred, the judge can update a visitation order or even impose sanctions or fines on the custodial parent.    

Get New York Child Visitation And Custody Support

If you are being alienated from your child or visitation is being denied, you need immediate help from a qualified New York Divorce attorney who understands child custody and the court system.  Contact a Brooklyn Family & Divorce Lawyer today.


Posted in : Child Custody ,

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