How Does Child Visitation Work in New York?
Child custody is very often the most contested issue in a divorce. Nobody wants to part ways with their child, especially if they believe they are more fit to be a parent than their former spouse. Parents have a special bond with their children, so it is not hard to understand why child custody battles are often the hardest. When a parent is denied custody of his or her child altogether, it can make the separation that much harder on them. If you were denied child custody but still want to be a part of your child’s life, please read on to learn more about what you can do.
What does sole custody mean?
When a parent is granted sole custody of their child, it means they possess full decision-making authority in his or her life. Generally, courts will only grant a parent sole custody if the other parent has a history of domestic violence, incarceration, substance abuse, and any other actions or habits that may cause the courts to deem him or her parentally unfit. However, if you are the noncustodial parent of a child, meaning you do not share child custody with a former spouse, you are most likely very worried about seeing your child once again. Fortunately, you are not out of luck. You may still see your child by filing a petition seeking an order for visitation.
What is an order for visitation?
Though they are exclusive to siblings, grandparents, and parents, these orders give loved ones a chance to remain a part of a child’s life through a court-ordered visitation schedule. Depending on the circumstances, these visits may be supervised or unsupervised. To get an order for visitation, however, you must first prove that you are willing and ready to have a positive, consistent, open, and honest relationship with your child. You must also demonstrate that you are trying to correct your ways and are working towards becoming a better person. The courts will ultimately consider the well-being of your child above all else, so anyone petitioning to spend time with your child must be ready to prove they will be a healthy, consistent factor in his or her life.
Can mediation help resolve child visitation issues?
Many couples are turning to mediation to help resolve child visitation issues. When couples allow the terms of their divorce and related matters fall into the court’s hands, they very often both end up dissatisfied with the outcome. When couples try mediation, they can work together in a neutral environment with an unbiased, third-party mediator. From here, he or she will help facilitate a productive, civilized conversation between you and your spouse to come to child custody and child visitation terms you can both agree upon.
Contact our experienced Nassau County firm
The Pollack Law Firm, P.C., serving clients in Nassau and Suffolk County, is always available to assist and represent parties in divorce and all other matrimonial and family law matters. Please call today to schedule a free consultation: (516) 938-333.