Ask an Attorney: What Are My Visitation Rights as a Noncustodial Parent?

New York courts try to balance a child’s best interests with the rights of both parents and make sure, if possible, that both custodial and noncustodial parents play a role in their child’s upbringing. Here’s a short explanation from a custody attorney in Queens, NY, on what visitation rights look like in New York for noncustodial parents.

What Are My Visitation Rights as a Noncustodial Parent in New York? Answers from a Custody Attorney in Queens, NY

In New York, it is generally recognized that a child benefits from having both parents involved in their life, even after separation or divorce. For this reason, noncustodial parents are typically granted regular visitation unless there is evidence showing that such contact would harm the child.

What Is the Role of the Court in Determining Visitation?

If the custodial and noncustodial parents cannot agree on a visitation schedule, the court will establish one. New York courts prefer arrangements that ensure regular contact between the child and both parents, and if you and the other parent are able to work out a schedule on your own that meets this requirement, the court usually prefers families to decide for themselves how to arrange visitation.Even in situations where the parents disagree or have a contentious relationship, the court aims to facilitate consistent visitation for the noncustodial parent unless there are circumstances that suggest it would be unsafe for the child. Supervised visitation might be ordered if the court believes the child’s safety could be at risk but still wants to preserve the parent-child relationship.

Can Visitation Rights Be Denied?

A noncustodial parent’s access to their child may be limited or denied entirely if there are serious concerns about the parent’s ability to provide a safe and stable environment. If there is evidence of abuse or neglect, substance abuse issues, a history of domestic violence, or psychological instability, the court might restrict visitation or require supervised visits.If the court does deny visitation, it may be possible to petition the court for a modification of the order once the situation has improved.

Can Visitation Rights Be Modified?

As circumstances change, either parent can request a modification of the visitation order. Modifying visitation typically requires that you demonstrate there’s been a significant change in circumstances since the original order was issued, such as changes in one of your work schedules, the child’s needs, or other factors that would affect the visitation arrangement.

What Happens If One Parent Violates the Visitation Order?

If the custodial parent refuses to honor the visitation schedule, the noncustodial parent can file a petition with the court to enforce the visitation order. The court may impose penalties on the custodial parent for non-compliance, and these can be anything from fines to a change in custody arrangements in severe cases.

If the non-custodial parent repeatedly fails to show up for scheduled visits, the custodial parent can also take legal action. The court may adjust the visitation schedule or impose conditions on future visits.

For more information on your visitation rights or assistance with a visitation dispute, contact the Law Offices of Joseph H. Nivin, P.C., in Queens, NY.

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