Child Visitation Rights In New york

by ECL Writer
Child Visitation Rights In New york

In New York, child visitation rights refer to the legal right of a parent who does not have primary physical custody of a child to spend time with that child. Visitation schedules can be established through court orders or by the agreement of the parents. A court may consider the best interests of the child when determining a visitation schedule. Factors that may be taken into account include the child’s age, the relationship with each parent, and the distance between the parent’s homes. A court may also consider any history of domestic violence or abuse. In New York, it is also possible for grandparents, step-parents, and other relatives to petition for visitation rights. In New York, child visitation rights are typically determined by a judge during a divorce or separation proceeding. The judge will take into account the best interests of the child when deciding on a visitation schedule. It is also best for parents to know more about custody law in New York before making any action.

Types Of Visitation Rights

Reasonable visitation

One common form of visitation is “reasonable visitation,” which allows the non-custodial parent to visit the child at reasonable times and for reasonable periods of time. The specific schedule for reasonable visitation will vary depending on the circumstances of the case, but it may include weekends, holidays, and vacation time.

Supervised visitation

Another form of visitation is “supervised visitation,” which is typically ordered when the judge believes that the non-custodial parent poses a risk to the child’s safety or welfare. In these cases, the non-custodial parent must visit the child under the supervision of a neutral third party, such as a therapist or a family member.

If the non-custodial parent is found to be unfit or poses a threat to the child, the court may limit or even terminate the non-custodial parent’s visitation rights. The court will consider factors such as abuse, neglect, drug or alcohol abuse, or any other behavior that may be harmful to the child.

Virtual visitation

In some cases, the court may also order “virtual visitation” which allows the non-custodial parent to have virtual contact with the child through phone calls, video conferencing, or other forms of electronic communication.

Make-up visitation

In New York, the court may also order “make-up” visitation if the non-custodial parent misses a scheduled visit. This allows the non-custodial parent to make up the missed visit at a later time, provided it is in the best interest of the child.

It’s important to note that the court’s decision regarding visitation rights is not final and can be modified in the future if there is a change in circumstances that affects the best interests of the child.

It’s also worth noting that in New York, both parents have a legal responsibility to support their children financially, regardless of whether they have physical custody or visitation rights. The non-custodial parent will typically be ordered to pay child support to the custodial parent in order to help cover the costs of raising the child.

It’s important for parents to work together and cooperate in order to ensure that the child has a positive and healthy relationship with both parents. If parents are unable to agree on a visitation schedule, they may seek the assistance of a mediator or attorney to help them come to a resolution.

In summary, child visitation rights in New York are determined by the court with the best interest of the child as the primary consideration. The court may order reasonable, supervised, or virtual visitation, or limit or terminate visitation rights if the non-custodial parent poses a threat to the child’s safety or welfare. Both parents also have a legal responsibility to financially support their children. It is important for parents to work together and cooperate in order to ensure that the child has a positive and healthy relationship with both parents.

Child Visitation Rights In New york

Can A Child Refuse Visitation In New York?

In New York, a child does not have the legal right to refuse visitation with a parent. Visitation schedules are typically established by a judge during a divorce or separation proceeding and are based on the best interests of the child. The court will consider factors such as the child’s age, relationship with each parent, and any potential harm to the child in determining the appropriate visitation schedule.

It’s important to note that while a child may express a desire to not visit with a parent, the court will not necessarily take this into consideration when making a decision about visitation. The court’s primary concern is the child’s well-being and ensuring that the child has a positive and healthy relationship with both parents.

If a child is refusing to visit with a parent, it may be an indication of a deeper issue, such as abuse or neglect by the parent. In these cases, the court may order supervised visitation or terminate the parent’s visitation rights altogether. If a parent has a history of abuse or neglect, the court may consider this when making a decision about visitation.

However, in some cases, a child may refuse visitation for reasons that are not related to abuse or neglect. For example, a child may feel uncomfortable or anxious about visiting a parent due to the parents’ ongoing conflict. In these cases, the court may consider the child’s feelings and may order counseling or therapy to help the child cope with the situation.

It’s important for parents to work together and be aware of the child’s feelings and concerns regarding visitation. If a child is consistently refusing to visit with a parent, it may be helpful to seek the assistance of a therapist or counselor to help the child cope with the situation.

Attorney’s Roles In Child Visitation

If a child is consistently refusing to visit with a parent and the court has not ordered supervised or limited visitation, the parents should seek the help of a mediator or attorney to help them come to a resolution. The child’s resistance to visiting with a parent can be a symptom of a deeper issue, and parents should work together to understand and address the underlying cause, with the goal of promoting a positive and healthy relationship between the child and both parents.

It’s also worth noting that, in New York, both parents have a legal responsibility to support their children financially, regardless of whether they have physical custody or visitation rights. The non-custodial parent will typically be ordered to pay child support to the custodial parent in order to help cover the costs of raising the child.

In summary, while a child may express a desire not to visit with a parent, they do not have the legal right to refuse visitation in New York. Visitation schedules are typically established by a judge during a divorce or separation proceeding, based on the best interests of the child. If a child is consistently refusing to visit with a parent, it may be an indication of a deeper issue, such as abuse or neglect by the parent, and parents should work together to understand and address the underlying cause, with the goal of promoting a positive and healthy relationship between the child and both parents. Both parents also have a legal responsibility to financially support their children.

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