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Visitation Rights
Protecting Your Relationship with Your Children
Even if you have not been awarded custody of your children, you still have a right to see them on a regular basis. Only special extreme circumstances remove visitation rights from the non-custodial parent. At Law Offices of Sandra M. Radna, P.C., we understand that in the vast majority of Family Law cases, it is in the best interests of the child to ensure that they are able to maintain a healthy and loving relationship with both parents after a Divorce, and we do everything in our power to facilitate it.
When are Visitation Rights Denied?
The custodial parent – meaning the parent with whom the children live – cannot deny visitation rights of the other parent on his or her own. Especially in circumstances where a joint custody arrangement has been established, it is highly unlikely that the custodial parent would even consider attempting to restrict the other parent’s access to the children.
However, during the initial negotiation process, a parent who is awarded sole custody of the children may be able to request that the court deny the other parent’s visitation rights.
Grounds for denying or limiting visitation usually include:
- The potential of danger to the child, either through physical or emotional abuse
- A history of kidnapping on the part of the non-custodial parent
- If one parent suffers from mental illness that is not being controlled by medication or therapy
Even in these extreme circumstances, the court doesn’t always completely remove the possibility of visitation from the non-custodial parent. The court may require supervised visits, or restrict the number of times or hours a parent may spend with the children.
How Do We Determine the Visitation Schedule?
The State of New York has certain laws in place to facilitate your visitation schedules. We help you understand these laws and navigate through them with you while you establish the terms of your divorce. The schedules of both parents and the best interests of the children are the factors that are taken into consideration when working out a parenting time/visitation schedule.