When one spouse is denied custody of his or her child, it can be absolutely heart-wrenching for both the parent and the child, which is why, in many cases, Long Island courts will grant child visitation to the non-custodial parent. Unfortunately, sometimes even visitation is difficult to obtain, and if you find yourself in a situation where you’ve been denied custody and you are looking to remain a part of your child’s life, you should continue reading and contact a knowledgeable Long Island child visitation lawyer here at Barrows Levy PLLC today.
Do I Need a Long Island Child Visitation Lawyer?
Rather obviously, when it comes to child custody and visitation, you have a lot on the line, and in many ways, your child does as well. Do not risk your future with your child by hiring just any attorney to represent you at this critical time; hire an experienced Long Island family law attorney who truly cares about your child’s right to have a strong bond with both parents.
When Does Visitation Come Into Play?
Visitation becomes relevant when one parent is granted sole custody, meaning only one parent holds both physical and legal custody of the child. Courts generally award sole custody only when one parent is unfit, and the circumstances that lead to this are serious ones, such as substance abuse, a history of violence, institutionalization, or incarceration.
That determination, however, is not the end of the road. If a parent is not awarded joint custody of the child, they may still obtain visitation by showing the court they have addressed the underlying issue and are able to offer the child a consistent, positive relationship. It’s also important to understand that incarceration in and of itself does not remove a parent’s right to seek visitation, though whether the court grants visitation ultimately depends on the child’s best interests.
Order for Visitation in New York State
When a parent is looking to receive visitation rights, that parent will have to file an order of visitation to receive a court-ordered visitation schedule. Depending on the circumstances of your custody denial, you may have either supervised or unsupervised visitation with your child. Additionally, grandparents and siblings may also file petitions for orders of visitation. That being said, you should note that courts will always primarily consider the best interests of the child. As long as they believe that the party seeking visitation would benefit the child, the court should grant visitation rights. If you already have visitation rights and you believe you are ready and able to share custody of your child with his or her other parent, you may request a modification with the assistance of our firm.
Who Can Seek Visitation
In New York, parents may petition for visitation under Domestic Relations Law § 70, while siblings may petition under § 71 and grandparents under § 72. These two provisions allow non-parents to seek court-ordered contact with the child.
These are not the only routes, however. In Brooke S.B. v. Elizabeth A.C.C., the Court of Appeals held that a non-biological, non-adoptive partner who can show, by clear and convincing evidence, that the parties agreed to conceive a child and raise the child together has the right to seek custody and visitation in accordance with Domestic Relations Law § 70. This decision matters the most for co-parents who neither:
- Gave birth to nor adopted a child they have raised
- Were previously told they have no standing at all
The courts have also recognized standing for other non-parents in extraordinary circumstances.
Contact Our Firm
If you are seeking visitation with your child, you need an attorney who truly cares about the importance of a parent-child bond. Fortunately, you have just found that attorney here at Barrows Levy PLLC. From the moment you sit down with our firm, you will understand that we have you and your child’s best interests at heart. We will listen to your concerns and fight for your right to visitation through every step of the legal process ahead. Contact our firm to schedule your initial consultation and to learn more about what we can do for you.
