Child visitation, is now referred to "parental access" in some New York courts. Child visitation is usually awarded in situations where joint legal custody or sole custody has been determined by a court. The child must be a resident of New York for a period of six months, except in emergency situations. A grandparent or sibling may petition for visitation and in some circumstances a non-relative. Unless there are extraordinary circumstances, a non-custodial parent has the right to reasonable visitation with the child. The standard to determine whether and to what extent visitation should be granted is "the best interest of the child". A child visitation case may be commenced in Family Court, where there is no divorce action pending or in Supreme Court, if there is a Contested Divorce pending

The courts encourage "liberal access" unless there is a history of domestic violence (which include physical, sexual or psychological abuse), substance or drug abuse or other extreme circumstances. Where any of these circumstances exist, the court may restrict visitation, i.e. order supervised visits, order therapeutic visits or deny/suspend them altogether, which only occurs in the most extreme cases. Absent these circumstances, the courts generally attempt to get the parents to work out their own schedule. If they are unable to do so, then the court will devise its own schedule usually with the assistance of a court appointed law guardian (who represents the child) and sometimes with the help of court appointed therapists, social workers and psychologists. The schedule can range from a few hours a week to a couple weekends a month, holidays and summer vacations, depending on several factors including the child's age.

Child visitation proceedings are usually not as extensive as child custody matters. However, there are circumstances where these proceedings become as taxing as child custody matters, particularly where the parties have a history of abuse or discord.

Relocation to Another State:

In cases where the custodial parent wants to relocate out of state child visitation may be a problem. Even where there are no court orders for child custody or child visitation the custodial parent may be prevented from relocating to another state if the non-custodial parent had regular contact with the child. A petition for child visitation, child custody or modification petition may need to be filed to prevent the custodial parent from leaving the state. The custodial parent will have to show that there are economic and/or family reasons, for the relocation and that the non-custodial parent's visitation will not be prevented, among other factors, to get the court's approval for the move. If the court permits the move, the judge may require that the custodial parent pays the travel expenses for the child visitation with the non-custodial parent and may order extended summer vacations with the non-custodial parent. If the custodial parent moves without a court order or agreement, then a habeus corpus petition may be filed with the court directing that the child be brought back to the state. This petition must be filed within six months of the child leaving the state.

Violation and Modification Petitions:

Any intentional interference with visitation, particularly where there is a court order for child visitation, may have a negative impact on either parent seeking a modification petition. A violation petition may also be filed if either parent intentionally interferes with child visitation. Non-payment of child support is not a valid reason to interfere with child visitation.

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