Parents in New York and throughout the country are generally allowed to see their children after a divorce. However, a judge must do what is in the best interests of the child at any given time. This could mean that a parent is denied visitation or is given limited visitation rights. Visitation may be denied or allowed in a supervised format until a parent addresses concerns that a judge may have.
For instance, a parent who has anger issues may be required to complete an anger management course. Parents who are dealing with drug or alcohol abuse may be required to go to rehab and remain sober for a certain period of time. It is important to note that child support and child custody are two separate issues. Therefore, a failure to pay child support is generally not a reason to keep a parent from seeing a child.
There may be valid reasons why a custodial parent would attempt to block a noncustodial parent from seeing his or her child. For instance, a custodial parent could have concerns about the child’s safety or whether it will be easy to transport the child to the other parent. If the child doesn’t want to see a noncustodial parent, that may also be a reason to prevent visitation from happening.
Those who have questions about parenting rights may benefit from hiring an attorney to help with their case. An attorney may explain how child custody or visitation orders are created and how parents can improve their chances of getting a favorable order. An attorney may also help a parent show to the court that a judge’s concerns have been addressed. This may result in full visitation or other parental rights being reinstated.