Brooklyn Visitation Rights Attorneys
Hire Our Family Law Lawyers - (718) 717-1005
New York law provides for frequent and meaningful visitation between a
noncustodial parent and a child. Since 1997, Coffinas & Lusthaus,
P.C. has fought for noncustodial parents who wanted to be involved in
their children's lives. We've also represented custodial parents
who had reasonable concerns about the negative impact that contact with
their ex-spouse could have on their children. If you find yourself in
a dispute over visitation rights, Coffinas & Lusthaus, P.C. can provide
the aggressive legal representation you need to ensure a resolution that
serves the best interests of your children.
Contact our firm's Brooklyn family law attorneys
today for dedicated legal guidance.
What is an order of visitation in New York State?
Child custody laws in New York carry a pretty strong presumption in favor of a parent's
right to see his or her children. Under New York Family Court - Part 8
- § 1082, the court must approve a visitation order unless it finds
"competent, relevant and material evidence" to support a claim
that frequent contact "would endanger the child's life or health."
In doubtful cases, the court will often order intermediate steps short
of denying visitation, such as:
Supervised visits - Where one parent has alleged that the other has issues with drugs or
alcohol, mental illness, anger, and even domestic or sexual abuse, the
court may grant supervised visits. Parents may ask the court to approve
a mutually-agreed-upon person to supervise visits, or pay a court supervisor.
Through supervised visits, the accused parent has an opportunity to disprove
the allegations and eventually have the supervision requirement removed.
Therapeutic supervised visits - A certified mental health professional supervises the visits to help
a parent manage the interaction with the child and improve parenting skills.
Neutral place of exchange visits - In cases where the difficulty lies only in the parental interaction,
the court may order the parents to exchange the child in a safe, public
location, such as a police station, school, or public library. The court
may further order
monitored transition, meaning that someone would observe the exchanges to ensure the welfare
of the child.
Coffinas & Lusthaus, P.C. provides aggressive court advocacy to parents
seeking visitation, as well as those opposing visits that would be detrimental
to the child.
How to Get an Order of Visitation in New York
A parent who wants the right to visit with a child may file a petition
in family court against the child's custodian. The court often hears
custody and visitation matters together, but a parent may also file a
visitation petition as a separate matter.
What if my ex interferes with my court-ordered visitation?
divorce decree awards you visitation rights, any party who interferes with your
exercise of these rights is in violation of a court order and may be cited
for contempt. If you believe your ex is deliberately acting to prevent
your visits with your children, see your divorce lawyer immediately to
discuss the appropriate legal remedy. Continued and deliberate violation
of your rights to visitation could be the basis for a successful application
to change custody.
We Represent Brooklyn Parents & Grandparents in Visitation Disputes
Coffinas & Lusthaus, P.C. helps clients in the five boroughs, Westchester,
and Nassau to resolve visitation disputes in a manner that upholds their
rights and the best interests of the child. Our
Brooklyn family law lawyers truly care about the individuals and families we represent and aim to
provide positive resolutions at all times. We intentionally limit our
call today at (718) 717-1005.