Visitation Cases in New York Family Court

New York Family Court Lawyer

Parents have a right to seek visitation with their children if they do not have physical custody. The only exception may be if the Family Court has determined that the parent poses a threat to the child’s safety and wellbeing. Additionally, grandparents, step-parents and other close relatives may be able to seek visitation in some situations. Visitation may be granted on a supervised or unsupervised basis. If you would like request visitation with your child or children, you will need to go to your local New York Family Court to file a petition. A petition for visitation is filed against the person responsible for taking care of your child and can be obtained by going to the Petition Room of your court and informing the clerk of the situation, what type of visitation you would like and why. After your petition is filed, you will meet with a judge who will set a date for you and the child’s caretaker to return to court.  

A New York Family Court attorney at the Law Offices of Brian D. Perskin can assist you in filing your petition for visitation and can also assist you with the process of serving the child’s caretaker with this petition so he or she knows to go to court on the specified return date. From there, we can fully prepare your case for the Family Court hearing that will address your visitation petition.

At your initial return date to Family Court, you and the other party will have the opportunity to agree to the proposed visitation agreement. If you cannot come to an agreement, the judge may suspend proceedings to a later date and may order an investigation by the Administration for Children’s Services. The judge may schedule a hearing to hear all evidence and then make a final decision on visitation based upon what is in the child’s best interests.

Seeking Visitation in New York

Seeking visitation can be a complicated process, particularly if you have other issues that need to be addressed, such as establishing paternity or enforcing/modifying an existing visitation order. Contact a New York Family Court Attorney at our law firm to see how we can assist you with your visitation case.