Divorce has its effects on the whole family. In some unfortunate circumstances, a child’s life can be devastated by the outcomes. Though everyone works to mitigate the impact on the child and act in his or her best interests, what defines “best interests” can be construed differently by different parties. When a parent has sole custody of a child, the topic of child visitation could be an issue addressed in court. Family members outside of the nuclear family have rights too. It is understandable that others may want to continue seeing a loved one. Though only certain people can request a court’s intervention, it is important to understand your rights as the family member of a child you wish to see again. If your rights are being violated or if the custodial parent is not acting in the best interests of his or her child, contact Zimmet Law Group, P.C. for a consultation.
Sole custody is rare. It is saved for a situation where one parent is deemed “unfit” because he or she poses a danger to the child. The parent that loses physical and legal custody will have a diminished relationship with the child. New York courts believe that a child’s best interests are met when both parents continue their positive relationships with their child. With that said, the noncustodial parent has visitation rights that allow them to work towards being the parent the child deserves.
Though a parent with legal custody is allowed to decide who gets to see their child, for the most part, family members still have rights. When faced with a hostile custodial parent, certain family members may ask for the court’s intervention. A petition seeking a visitation order can be filed to grant visitation rights to:
With evidence of a positive ongoing relationship, a court will use its discretion to decide on the matter, focused on the best interests of the child. Unfortunately, at this time, New York will not award visitation rights to some family members, including:
Being kept from a family member because of a hostile custodial parent can be devastating. If you are a family member with rights to pursue visitation, it is important to protect what you know is right. Zimmet Law Group, P.C. is an experienced and effective law firm in New York City. Our firm fights for clients. We recognize the weight of family-related legal matters and our compassionate attorneys are dedicated to the future of our clients. When you need a high-caliber New York City law firm, contact Zimmet Law Group, P.C.