Guardianship and Visitation Rights in Queens, NY

When it comes to child custody and visitation rights in Queens, New York, matters are determined based on what is in the best interest of the child. The court usually takes several factors into consideration when determining custody, including the relationship between the child and the parent or adult requesting guardianship, any history of abuse as well as the child’s preference, if old enough.

Obtaining guardianship can be a difficult process, as can be securing legal visitation rights following a divorce. It’s important you understand exactly what your rights are as a parent or guardian and what you can do in the event that your ability to care for or see your children is limited. If you believe your rights to custody and visitation were denied,  there are a few things you can do to contest the court’s decision and our Queens family law attorneys are here to help.


Guardianship Laws

There are different types of guardianship arrangements that can be designated in Queens. “Physical custody” determines where the child lives while “Legal custody” decides which parent or guardian has the right to make important decisions in the child’s life. In the state of New York, neither parent is given a preference when it comes to the custody of their children, meaning that both will be considered for custody equally. Any factor that can hinder the care of the child will affect whether sole or joint custody is given.

However, there are times in which one parent attempts to limit the other’s right to care for and make decisions in the child’s life. If you believe you were not given the custody rights you deserve, you are allowed to file for an Order of Custody, which assigns responsibility for the care, control and maintenance of a child. A parent, grandparent or an adult who has a substantial relationship with the child may file an Order of Custody in Family Court in Queens requesting that the child be placed in their custody, or guardianship.  The Law Office of Charles Zolot will help you file this order and will represent you in court to ensure the best outcome for your guardianship case is attained.

Visitation Laws

When a parent or guardian is not given physical custody of their child, they are usually entitled to visitation rights, unless interaction with the child will not be in the child’s best interest. Visitation can be denied if the parent or guardian is a threat to the child because of a history of violent behavior or drug abuse, for example. However, there are times when visitation rights are denied by the court or when the parent or guardian with physical custody of the child tries to prevent the other from seeing their children for unrealistic reasons.

Any parent or guardian who is not satisfied with their current visitation rights may file an Order of Visitation against the adult who has child custody. The order may be filed by a parent or other family members, such as grandparents or siblings. As with all matters concerning children, the court will issue the Order of Visitation if it is in the child’s best interests.

Charles Zolot is a family attorney in Queens NY and can give you the legal advice, guidance and representation. Call (718) 779-6545 for a free consultation.