There are several different ways that child custody cases can be resolved in the courts of New York. Parents can share physical and legal custody of their kids, one parent may be granted sole physical custody of the kids while the parents share legal custody or one parent may be granted the exclusive right to both forms of custody. However, when a parent does not have physical custody of their child and there are no other legal barriers prohibiting it, that parent may be able to secure visitation time with their offspring.
In New York, other parties may seek visitation time with children as well. Just as a noncustodial parent may petition a court for scheduled periods of visitation with their child or children, so too may other related third parties seek judicially recognized visitation periods with the kids. Particularly, grandparents who lose contact with their grandkids through separation or divorce often wish to establish custodial rights to their cherished grandchildren.
Sometimes when a child subject to a custody order or agreement has a sibling who is an adult, that adult sibling may seek visitation time with their minor brother or sister. In either the case of a grandparent or an adult sibling, a court would first have to determine that visitation time with the child would serve the child's best interests.
While divorce and separation can tear families apart, the laws of New York permit grandparents and others to find legal remedies to their lost contact with the children they love. Third party visitation cases can be challenging legal matters and those who wish to pursue them can benefit from the counsel of family law attorneys. This can help educate you on the laws, you rights and the process you must go through.