Brooklyn Parental Access Attorneys
Hire Our Family Law Lawyers - (718) 717-1005
New York law provides for frequent and meaningful parental access (formerly called “visitation”) between a noncustodial parent and a child. Since 1997, Coffinas & Lusthaus, P.C. has fought for noncustodial parents who are being denied the right to be actively involved in their children's lives. We have also represented custodial parents who had reasonable concerns about the negative impact that contact with the other parent could have on their children. If you find yourself in a dispute over parental access or 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 there are credible allegations that one parent has issues with drugs or alcohol, mental illness, anger or credible allegations of domestic or sexual abuse or other safety concerns, the court may grant supervised visits. Parents may ask the court to approve a mutually-agreed-upon person to supervise visits or sometimes 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 parental access, as well as those opposing access that would be detrimental to the child.
How to Get an Order of Visitation in New York
Often times, a parent who seeks access to 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. Other times, issues of parental access are resolved as part of your divorce.
What if my other parent interferes with my court-ordered parental access?
If your divorce decree or other court order awards you parental access 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 the other parent is deliberately acting to prevent your meaningful access to your children, see your divorce lawyer immediately to discuss the appropriate legal remedy. Continued and deliberate violation of your rights to parental access could be the basis for a successful application to change custody.
We Represent Parents & Grandparents in Parental Access 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 caseloads, so call today at (718) 717-1005.