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What are your visitation rights if you are denied custody?

Parents in New York and elsewhere face the natural ups and downs when it comes to being part of a family. However, when the relationship is stressed between parents and it is apparent that it will no longer work, divorce is often the best step to take. Although no one is happy about getting a divorce, it is often what is best for everyone involved, especially the children.

When parents divorce it means that the children will spend time with each parent separately. While this could be one in equal timeframes, which is the case when joint custody is formed, it could also look like one parent obtaining sole custody of the child. This occurs when one parent is not given physical custody of their child or children. However, just because a parent is not afforded custody rights, this does not mean they cannot spend time with his or her child.

What are your visitation rights if you are denied custody? Because courts strongly support and even encourage the involvement of both parents in the lives of a child, courts typically grant generous visitation rights for those parents denied custody. Thus, even when custody rights are lost in court, this does not mean that a parent cannot maintain a close relationship with their child.

Common reasons for denying a parent custody rights vary from situation to situation, but this typically occurs when the child's safety and well-being are at issue. However, many courts are in favor of granting full physical custody to the parent who has been the child's primary caregiver up to the point. Otherwise, the court is prone to give sole custody to one parent when traveling between two homes is not in the child's best interests.

When a parent is awarded visitation rights, a visitation schedule must be developed. This can look like weekends or every other weekend, one or two weeknights, holidays and school vacations. Courts generally prefer when parents collaborate in designing a visitation plan. However, they will step in if an agreement is not reached.

Dealing with custody and visitation issues is never easy for parents, as it means accepting that he or she will not spend all of their time with their child. Those dealing with this or any other family law issue should take the item to understand how best to proceed with this matter, keeping the best interests of the child as a focal point.

Source: Thespruce.com, "Visitation Rights for Parents Denied Child Custody," Debrina Washington, Feb. 18, 2017

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