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What You Should Know About Child Visitation Rights

When a couple going through a divorce has children, a family law court may need to get involved in decisions regarding child custody and child visitation rights.

In a divorce, these two issues are typically determined at the same time. In some divorce proceedings, it is determined that it is in the child’s best interest for one parent to have sole custody. In this case, the court can decide that the parent without custody of the child has a right to visitation. In some situations, the court will decide that the noncustodial parent does not have any right to visit the child.

Filing for visitation rights

A child’s parents, grandparents and siblings may file for visitation rights. Filing for visitation is a first step toward gaining rights to spend time with a child. However, just because a person files for visitation does not mean the court will grant them visitation rights. Additionally, in some cases, family members of the child may wish to enter into mediation to determine an agreeable visitation schedule for all parties.

Modifying visitation rights

Either of the child’s parents may make a request for modification of a visitation order. Modifications are commonly requested because a parent’s schedule has changed or because a parent has relocated. More serious changes to visitation rights may occur because of a parent’s failure to adhere to their court-ordered visitation schedule. Finally, a visitation order may change because a child would like to increase or decrease the amount of time he or she spends with one parent. 

Child visitation rights may have a serious impact on the life and family of a child. For the guidance and advice you need, call on the dedicated Long Island family law attorneys at Bryan L. Salamone & Associates, P.C.

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