New YorkChild Visitation Laws
New York Child Custody Guide :: Table of Contents
What is child visitation?In the context of a child custody case, visitation is defined as the rights for a non-custodial parent to see their child, or as temporary custody that's been granted for a period of time to an otherwise non-custodial parent or relative.
In general, courts in New York assume that it is beneficial for both biological parents of a child to have shared custody or visitation, unless it is shown to be against the child's best interests. A biological parent who is denied custody may be awarded visitation rights to provide for a relationship between the parent and child.
Visitation by grandparents, family members, or other third-parties is less clear cut in New York, and nationwide. While there are state guidelines regarding third-party visitation in certain situations, these laws are frequently challenged.
Above all else, courts in New York strive to make custody and visitation decisions that are "in the best interests of the child". The court handling each individual visitation case has significant flexibility in determining what arrangement is in the child's best interests. You can read about New York's visitation guildelines on this page.
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How is Visitation Requested?New York law states that a biological parent of a minor child may request visitation rights as part of an open divorce, parentage or custody case or may file a petition for visitation in none of these circumstances apply.
The court will decide a request for visitation based on whether granting a parent visitation would be in the "best interests of the child."
How are the Child's Best Interests Determined?What is considered in a child's "best interests" are outlined under the custody and visitation statute which indicate the following factors are relevant to this type of decision:
- Each parent’s ability to care for the child
- Each parent’s mental health and physical wellbeing
- Any history of domestic violence in the family
- The parents’ work schedules
- The child’s desires, depending on the child’s age
- The parents’ ability to cooperate with each other
Can the Court Grant Visitation Rights to Grandparents?A court may grant visitation rights to a child's grandparents if the child's parents are divorced, separated, or deceased. Visitation rights may also be granted if the child is over six years old, lived with the grandparent for more than six months, and was subsequently removed from the grandparent's home, for children under six the the residence requirement is reduced to three months.
In the state of New York, there are a number of laws regarding child visitation regarding visitation for third-parties other than the biological parents of the child. While state laws regarding third-party visitation have been frequently been challenged in courts, they are a good indication of New York's positions regarding non-parental visitation rights.
Visitation Rights Of Grandparents In New York:
New York has special statutes regarding the child visitiation rights of grandparents under different circumstances. Under state law, the grandparents of children may obtain visitation while the parents are alive, regardless of the parent's marital status.
Regardless of state presumptions regarding grandparent's visitation rights under specific circumstances, a New York court may allow or prevent visitation rights in any situation based on the best interests of the child.
Visitation Rights Of Other Parties In New York:
Are step-parents granted visitation rights in the state of New York?
Generally it is an uphill battle for step-parents seeking visitation rights for a step-child, especially if the biological parents of the child are alive and are opposed to the visitation.
The state of New York does not have any laws that grant child visitation rights to step-parents, which may make applying for visitation significantly harder. In all cases, third-party visitation rights are more likely to be granted by the court if they are deemed to be in the best interests of the child.
Can other interested parties or relatives be granted visitation rights to a child in New York?
Under state of New York law, it may be possible for other individuals to be granted visitation rights by the court. This might include relatives other than the child'a parents, previous caregivers, etc.
Can parents be granted visitation rights after termination of parental rights or adoption in New York?
In the state of New York it may not be possible to be granted visitation rights after losing parental rights or giving up a child for adoption. This is the case with both biological parents and previous guardians.