Five Considerations That Go Into Visitation Rights Decisions

When a couple gets involved in a divorce where one parent receives primary custody of the children, invariably the issue of visitation rights will come up. The decision about granting visitation rights is based principally on what the judge believes is in the best interests of the child. However, what goes into that determination can be somewhat opaque at times. Here are five major considerations that go into visitation rights determinations:

1. How close is the family unit?
   • Just because two parents are divorcing does not mean they are not still close to one another, or that children are not close to their parents. In cases where a family unit still has strong emotional ties, a court is going to be more inclined to give more generous visitation rights to a non-custodial parent. On the other hand, in cases where a non-custodial parent is emotionally distant or estranged from their children, a judge is far less likely to be so generous.
2. How stable is the parent’s home life?
   • An important part of granting visitation rights is ensuring that, if a non-custodial parent wants to have access to the children, those children will have a stable home to go to. This means having a permanent residence, such as a house or apartment, where the children will be reasonably safe and sheltered. A parent without a stable living situation, meanwhile, will have a much harder time convincing a court to grant them visitation.
3. How is the parent’s mental and physical health?
   • Taking care of children is hard for just about anyone, but it is especially difficult for people suffering from significant physical or psychological problems. In especially severe cases, people with mental or physical problems may not be able to adequately care for themselves, much less any visiting children. That is why the courts always take a parent’s health into consideration when determining whether to award visitation rights.
4. Have there been allegations of domestic abuse?
   • The family court always takes allegations of domestic abuse seriously. This includes cases of physical violence, as well as allegations of neglect or abandonment. A parent that has been alleged to harm their spouse or children, whether through intentional harm or neglect, is unlikely to fare well if they request visitation rights from the judge.
5. Does the child have a preference?
   • All other factors being equal, ultimately the children themselves get a say in how much they want to see their non-custodial parent. Provided they are old enough to make those decisions, a court will take into consideration the wishes of the children. This ensures that the children have the kind of environment growing up that they want, and not just one appointed to them by the court.

If you have questions regarding child custody or other aspects of family law, you should seek advice from an attorney experienced in handling these matters. A New York matrimonial lawyer, who is experienced in handling family law cases of all sorts, can advise you of your legal rights and will fight for your best interests in court. If you are facing a dispute related to the equitable distribution of property, child custody, child support, or any other family law issue, contact the Suffolk County family court lawyers at McGuire, Peláez and Bennett at (631) 348-1702 or visit our contact page.