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Schenectady Visitation Lawyer

Helping Parents, Children & Family Members Maintain Their Meaningful Relationships

Oftentimes, divorcing spouses aren’t the only individuals who bear the burden of their dissolution of marriage. Family members such as parents, grandparents and siblings can also be affected by significant decisions concerning a divorcing couple’s child. Thankfully, New York’s family courts recognize the need for a child to have a relationship with both their parents and certain family members if it is in their best interests.

To accomplish this, a child’s parents, grandparents and siblings can file for visitation rights with the family court. If granted, children of divorcing spouses won’t have to lose valuable relationships that are critical to their growth, happiness and success. As such, our Schenectady visitation attorney encourages you to learn about your available options during a free consultation.

Contact us 24 hours of the day, 7 days a week at (518) 299-0314!

Visitation Rights in New York

When one parent has sole custody, the non-custodial parents can file for visitation and spend time with the child unless there is a substantial reason otherwise. This does not, however, imply that all petitioners will be granted visitation rights. The court awards visitation based on what is best for the child.

The judge will consider many elements to determine what is in the best interests of the child, such as:

  • Which parent has been the main caregiver/nurturer of the child
  • The parenting skills of each parent, their strengths and weaknesses and their ability to provide for the child's special needs, if any
  • The mental and physical health of the parents
  • Whether there has been domestic violence in the family
  • Work schedules and childcare plans of each parent
  • The child's relationships with brothers, sisters, and members of the rest of the family
  • What the child wants, depending on the age of the child
  • Each parent's ability to cooperate with the other parent and to encourage a relationship with the other parent, when it is safe to do so

What to Expect at Visitation Hearings

Typically, child custody and visitation matters are decided during the same hearing despite being two different things. Parents, grandparents and siblings can file a visitation petition as a separate case if needed. As such, it is beneficial to learn what happens during the visitation hearing.

Generally, divorced parents can expect the following process to occur:

  1. The judge will examine many factors to determine what is in the child’s best interests
  2. Each side will give sworn “testimony” from witnesses in court
    1. This usually includes the parents and people whom the child and/or parents know
  3. The judge will read any caseworker reports if applicable
  4. The judge may speak to the child privately in their office without the parents and lawyers present
  5. Once all the information is presented, the judge will make an order

Put Our Schenectady Visitation Attorney in Your Corner

Our family attorneys are deeply compassionate to your goals and will help ensure you are on the right track to fulfill them. Nothing is more important than your child’s wellbeing, and having visitation rights can be a significant contribution to their growth and success. From filing a visitation petition to advocating on your behalf in court, you can trust our Schenectady visitation lawyer to offer the services you and your child’s relationship depend on.

We help parents, grandparents and siblings throughout Schenectady file for visitation. Contact us at (518) 299-0314 to learn more!

The Benefits of Having Our Team in Your Corner

  • Experience

    Collectively, we've been practicing law for over 150 years and have been named among the most experienced law firms in the Capital Region Business Review.

  • Trial Lawyers

    We've had extensive trial experience with all types of personal injury cases, recovering millions for our clients in both settlements and verdicts.

  • Peer Recognition

    Other attorneys come to us for counsel, as we teach numerous seminars and conferences each year.

  • 24/7 Availability

    We are wholly dedicated to our clients' needs, offering availability 24/7 to take care of any legal matters.