Being denied custody of your child is not only heartbreaking but stressful. What are your options? What steps should you take next? Continue reading to discover how to receive a court-ordered visitation schedule when your former spouse has been awarded sole custody of the child you share. Reach out to our experienced family law attorney to discuss visitation terms in New York and your options when facing this process. If you have any further questions regarding visitation, contact our firm. We would be happy to assist you.
How does sole custody impact visitation?
Parents can obtain two types of custody during divorce proceedings, physical custody and legal custody. Physical custody determines where the child lives while legal custody determines the influence a parent has on making life decisions for their child. However, there are some instances where one parent is granted sole custody. This means that the parent holds both physical and legal custody. The court will grant one parent sole custody when they believe the other parent has been proven to be unfit and cannot be trusted to ensure the safety of their child. For example, New York courts may grant sole custody when one parent has substance abuse problems, a history of violence, institutionalization, or incarceration.
However, the non-custodial parent may still be awarded visitation rights if they can better their life and prove to the court that they can provide a positive and consistent relationship with their child.
Order for Visitation in New York State
As a non-custodial parent, you may still apply for an Order for Visitation. When making a decision regarding visitation, courts will primarily consider the best interest of the child when making this decision. If the court believes that you would benefit the child, they will likely grant visitation rights. Depending on your circumstances, you may be granted supervised or unsupervised visitation with your child if your application is approved. It is important to understand that only parents, grandparents, and siblings may request an Order for Visitation.
If you are interested in applying for an Order for Visitation, you will require the assistance of an experienced family law attorney who will assist you in this process. Give our firm a call today if you have any further questions regarding visitation. We are here to help.
CONTACT OUR EXPERIENCED NEW YORK FIRM
Barrows Levy PLLC is a highly experienced New York law firm focused on providing quality legal services to clients in New York City and Long Island. If you need a Nassau County lawyer who has significant experience handling family and estate planning matters, we are ready to help. Contact Barrows Levy PLLC to schedule a consultation with one of our experienced attorneys today.