A key element of New York’s family law is determining custody and visitation rights for family members of underage children. In all situations, the court seeks to do what is best for the child, which can affect the rights of parents and extended family members. Here is what you should know.

Determining Child Custody

Parents do not need to be married (or have previously been married) to ask for custody of their child. Both parents have an equal right to custody, regardless of their marital status. This often means the custodial parent must allow visitation from the non-custodial parent.

For a man to be considered the legal father, he must either be listed on the birth certificate or have previously signed an Acknowledgement of Paternity.

Grandparents and other extended family members can also request custody of the child, though this is typically only granted if they can prove “extraordinary circumstances.” The court will determine if it is in the child’s best interest to live with an extended relative.

Visitation Rights

The non-custodial parent is typically granted visitation rights, except in circumstances where visits could prove harmful to the child’s physical or emotional well-being. The court will also determine if visits should be unsupervised or supervised. However, the court cannot force the non-custodial parent to make these visits.

New York family law regarding visitation rights also extends to grandparents, siblings, and half-siblings. While these family members are not entitled to these rights like parents are, the court can still rule that continued contact is in the child’s best interest.

If you need help addressing a custody or visitation issue, contact the team at Pirrello, Personte & Feder, PLLC, Attorney at Law in Rochester, NY. Serving Monroe County and the surrounding area, their team utilizes over 120 years of combined legal experience to ensue you get quality representation. From establishing trusts and estates to navigating personal injury law and family law, this firm will advocate for your rights. To learn more about their practice areas, visit them online or call (585) 544-7090.