HOW THE COURT DEALS WITH VISITATION/CUSTODY IN NEW YORK STATE

In most cases, the court wants the child to have a relationship with both parents. When one parent has sole custody, the court will let the parent who doesn’t have custody have visits with the child and spend time with the child unless there is a good reason for the parent not to have visitation.

Custody and visitation are two separate matters but they are usually decided during the same hearing. A visitation petition can be filed as a separate case.

The court will order visitation if it is in the best interest of the child. Visitation is also called “parenting time”.

Best Interest of the Child

When there is a court case that affects a child, like custody, parental rights, or adoption, the court will consider the “best interest” of the child when making its decision.

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