Latest News 2011 April What is Parental Access?

What is Parental Access?

In the state of New York, child visitation is now referred to as "parental access" in the court system.

If a judge has granted joint custody or legal custody of a child, child visitation is normally granted. However, that child must have been a resident of the state for at least six months, unless there is an emergency provision that can be proven. For example, a sibling or grandparent may petition for custody of a child if the parents are unable to provide for him/her. In most cases, however, only extraordinary circumstances will prevent a non-custodial parent from having a reasonable amount of visitation with the child.

Judges will always consider what is "the best interest of the child" when deciding child visitation matters. The court system prefers to grant "liberal access" to the non-custodial parent unless domestic violence or drug/substance abuse has been proven. If parents cannot come to an agreement regarding a parenting plan and/or visitation schedule, the court will be forced to step in to create one for them; however, it is likely not to appease other side, but it will be legally binding.

If you are having trouble working out a custody schedule with your spouse, it is time to call a family law attorney today to start working on your case.


Categories: Family Law, Visitation