Created by FindLaw's team of legal writers and editors | Last reviewed March 20, 2018
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Parents involved in child custody proceedings must deal with many complicated issues. Part of the custody agreement includes visitation, which allows a child to spend quality time with the non-custodial parent.
If parents agree, they can work together to arrive at a visitation schedule. Otherwise, a parent wanting child visitation may file a petition in family court against the parent of the child who has custody. Visitation and custody matters are often heard together during the same hearing, but a visitation matter can also be filed separately. Relatives such as siblings and grandparents may also file a petition requesting an order of visitation. The court's determination is based on the best interests of the child; if the court finds that the requirement is satisfied, then visitation will be granted.
An order of custody is always subject to an order of visitation for the non-custodial parent (unless visitation is denied for a stated reason). Courts generally impose a specific visitation schedule; the custodial parent cannot interfere with the non-custodial parent's visitation unless the court specifies terms of the visitation. If the custodial parent withholds visitation, he or she may be held in contempt of the court. If this occurs consistently, the court could decide to alter custody.
It's critical to know the letter of the law in any statute, but it's equally valuable to have an explanation of the law in simple, basic terms. See the chart below for a brief overview of New York's visitation rights relating to types of visitation and for a link to the relevant statutes.
Statutes |
|
Types of Visitation |
Denial of visitation:
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Monitored Transfer and Mutual Exchange |
If the court determines that the transfer of the child from one parent to the other would be physically and/or emotionally damaging to the child (due to domestic violence, for example) then the court can order that the transfer take place in the presence of neutral third party or in a designated safe location. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Issues involving custody and visitation are never easy. If you need to know where you stand regarding visitation rights in New York, then gain peace of mind and legal insight by reaching out to an experienced lawyer. Use FindLaw's attorney directory to locate one near you.
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