Legal Question in Family Law in New York

I would like to know what are visitation rights for fathers in NYS.Can a mother prevent the father from seeing his children when he wants to?What is joint custody?

Asked on 5/18/13, 7:07 am

1 Answer from Attorneys

Jordan Trager Wisselman, Harounian & Associates, P.C.

A mother's rights to custody and visitation are no greater than a father's rights to custody and visitation. Only a court can determine custody and visitation rights. The courts will presume joint custody (joint decision making), absent a compelling reason to deny it. However, the courts will fashion a parenting schedule that will allow both parties to spend significant time with the child, as it is believed that this is usually in the best interests of the child, absent a significant reason for denying such a request. However, the family court may not award you substantial parenting time with the child unless you strongly advocate for yourself or have legal representation who can do so on your behalf.

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Answered on 5/20/13, 8:02 am

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