Child Visitation
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Assisting clients through child visitation matters

Smiling mother and daughter using laptop at home

Divorce is a serious matter that can impact the whole family. When children are involved in a divorce matter, their lives can be devastated by the outcome. Each parent works to protect their relationship with the child. When one parent has sole custody, child visitation can become an issue that must be addressed in court. In some cases, another family member may wish to continue a positive relationship with the child, including grandparents and siblings. The courts of New York agree that a divorce should disrupt a child’s life as little as possible and the continuance of positive relationships follow that philosophy. If you have been cut off from a minor in your family and feel as though your visitation rights have been violated, contact Penichet & Alberga LLP to discuss your matter.

Child visitation and sole custody

When a court deems one parent “unfit” to be a guardian, they may award the other party sole physical and legal custody. This allows them to keep the child all of the time and make all of the important decisions about the child’s life. One of those decisions included who has access to the child. In accordance with the child’s best interests, New York courts believe that a child should have continuing positive relationships with both parents. If one of the parents is unfit, they should have the ability to work to become the parent the child deserves through supervised visitations and the possibility of a changed custody structure in the future.

Order for visitation

In order for the court to intervene with a hostile custodial parent, a petition seeking an order of visitation can be filed. Though a custodial parent is allowed to decide matters about who can visit the child, there are some people that can request visitation rights. New York will hear cases about:

  • A child’s parent
  • A grandparent
  • A sister or brother
  • A stepsister or stepbrother

In most cases, New York will not award visitation to other family members like stepparents, aunts, uncles, and cousins. In all cases, the court will act in the best interests of the child.

Contact a Westchester County child visitation lawyer

Being cut off from a loved one can be devastating. When family members need a court to award access to a child, they need an attorney with the knowledge and skill to guide them through the process. It is important that you pick the right attorney for this matter. Penichet & Alberga LLP has been successfully advocating for New York clients for over 100 years. The firm is widely known for its achievements and can passionately represent your interests in and out of court. If you need a quality law firm to fight for your rights, call us at 914-806-6675 contact our offices by email.