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Supervised Visitation in New York

The law places a great deal of importance on preserving the relationship between parent and child. While this certainly makes sense under most circumstances, it can create a frustrating and unsettling scenario for a custodial parent when the other parent has a history of abuse, neglect, violence or mental instability.

In New York, a judge typically only denies a parent’s visitation rights if he or she is convinced that any contact with the parent would have an adverse effect on the child’s health or safety. These total denials are fairly rare. In high-risk cases, a court may often order visitation to take place under supervised conditions rather than denying the parent access completely. There are several reasons why a judge may see fit to order supervision:

  • The parent has a history of violent or abusive behavior against either the child or the other parent.
  • The parent has a history of substance abuse.
  • The parent has past or current mental health issues.
  • The parent has a history of extreme neglect.
  • There is a danger the parent may flee with the child.

In can be difficult for someone who has been subjected to abuse by a former spouse or partner to accept that the person can still be permitted access to his or her child. Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia’s child custody and visitation attorneys understand the challenges Long Island, Suffolk County and Nassau County parents face and strive to allow our clients to benefit from our experience through fair and safe custody and visitation agreements.

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