For most divorced or otherwise separated parents, visitation is a time for the noncustodial parent to nurture a healthy parent-child relationship. In some cases, however, the court can order that the visits must be supervised by a third-party. Supervised visitation allows the noncustodial parent to maintain a parent-child relationship without subjecting the child to any danger of harm that might otherwise occur if the visits were unsupervised.

On August 30, 2016 in a landmark case, the New York State Court of Appeals ruled that non-biological, non-married, non-adoptive parents can seek custody and visitation of a child born within their relationship, with the biological parent’s consent.

The huge impact of such a ruling cannot be overstated. The case has substantial ramifications for parents of same-sex couples, as well as couples who never married and later split up. Previously, individuals in either circumstance were treated as if they were total strangers to the child in the eyes of family court, and had no legal standing to seek custody or visitation. Now, thanks to this case, “where a partner shows by clear and convincing evidence that the parties agreed to conceive a child and to raise the child together, the non-biological, non-adoptive partner has standing to seek visitation and custody.”

In New York, child custody mediation is not mandatory; however, many parents choose mediation over traditional court proceedings because of the affordability and efficiency mediation offers. Mediation is a great way for each parent to be able to address their concerns while working with an experienced mediator to reach a child custody agreement that is a long-term workable solution for the entire family.

In any custody case, the main objective of the family court is to protect and ensure the best interests of the child. However, there are other factors that will be considered by the courts in determining what custody arrangement is suitable in each case. One such factor is the primary caretaker standard which is recognized by New York courts and can be persuasive in a child custody case.

When parents enter into a custody order with the courts, the arrangements set forth in the order are legally binding and should be adhered to at all times. Sometimes, one parent violates the custody order in such a way that the other parent is forced to go back to court. In this situation, an experienced New York family law attorney can help guide you through the process in order to protect your parental rights.

How are custody orders violated?