Petito & Petito, LLP
Although child custody and visitation matters are often heard together, an Order of Visitation is different than an Order of Custody. Visitation only applies when parents do not share physical custody 50/50 – or when someone other than a child’s parents petitions for visitation.
If you want to spend time with your child or arrange to visit a sibling, half-sibling, or grandchild, you will need to create an Order of Visitation, and you may need to file a petition for visitation.
Petito & Petito, LLP can help. Our Poughkeepsie visitation lawyers have been helping families like yours since 1975, and we are ready to hear about your unique case.
To get the legal help you need, please call us at (845) 400-9602 today.
Who Can Petition for Visitation in New York?
The noncustodial parent can petition for visitation during divorce or child custody cases. Siblings, half-siblings, and grandparents can also petition for visitation.
The court will grant visitation if the judge decides it is in a child’s best interests.
Parents are always entitled to “frequent and meaningful” visitation – unless it is harmful to the child (as in cases of abuse or neglect).
If you need help getting through a divorce or child custody battle or petitioning for visitation under other circumstances, our Poughkeepsie visitation attorneys are here for you.
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New York State offers several types of visitation, depending on the situation and what is in the child’s best interest:
- Unsupervised visitation is the most common type of visitation and can include daytime visits, overnight visits, and even vacations.
- Supervised visitation may be appropriate when the noncustodial danger has presented a danger to their child. If the parent has a history of substance abuse, child abuse, or neglect, they can still have a meaningful relationship with their child via a chosen or court-appointed supervisor.
- Therapeutic visitation is a form of supervised visitation in which a mental health professional acts as the supervisor. These visits can help a parent improve their parenting skills.
Sometimes, the relationship between parents is so bad, that transitions between visits must be monitored. Often, parents decide on a neutral place to exchange their children for visits.
No matter what an Order of Visitation entails, both parents must follow it carefully.
Failure to follow an Order of Visitation can result in serious consequences, including fines, jail time, and being held in contempt of court.
Yes. When circumstances change, court orders can be modified. For example, a parent who has proven themselves during supervised visits may be able to shift to unsupervised visitation. Similarly, a parent with an Order of Visitation may wish to petition for shared custody instead.
If you need help modifying an Order of Custody or an Order of Visitation, Petito & Petito, LLP is here for you.
When Can Grandparents and Siblings Get Visitation?
Children may need more support from family members when one or more parent die or become incapacitated. Divorce and other significant changes can also interrupt existing relationships between children and their family members.
When something like this happens, grandparents and siblings can petition for visitation. To get visitation, grandparents and siblings must prove that it is in the best interests of the child – and show the court that the child’s parents have interfered with their efforts to establish or maintain a relationship with the child.
If both parents possess parental rights and believe visitation with grandparents, siblings, or half-siblings is not in a child’s best interests, the court will generally respect their wishes.
Still, in some situations, our firm can help grandparents, siblings, and half-siblings maintain visitation with their loved ones.
We will work with you as a team and stay accessible to help you achieve the best possible results for you and your family. Petito & Petito, LLP has thousands of satisfied clients and great relationships with local family law judges and courts.