When a couple with children gets divorced, the divorce can also have a serious impact on members of the extended family as well. Many times, that extended family will want to know if they will still be able to spend time with the children being affected by the divorce’s custody agreement. Though a court granting sole custody doesn’t happen in most cases, there are also situations where it does. A parent with sole custody will have to request an order for visitation that will allow them to be able to maintain a relationship with their child. In some cases, the parent may have to have scheduled supervised visits.
One common example is when an aunt, uncle, or cousin is very close with the child and is the blood relative of the father. However, if the child’s mother is granted custody, it is up to the mother to allow the child to spend time with those family members. It is important to note that only certain family members can request an order for visitation.
Who can request an order for visitation?
Grandparents, siblings, and step-siblings are the only ones who can request visitation. Unfortunately, the courts in New York will not award a visitation order to other extended family members no matter how close of a relationship they have with the child. The family members who won’t be granted visitation rights include stepparents, aunts, cousins, uncles.
If you need assistance with requesting an order for visitation, you should consult with an experienced family law attorney who can help.
If you require experienced legal representation for any of your divorce and family law matters, contact the Law Offices of Mark S. Paige, P.C. today to schedule a consultation.