Understanding custody and visitation rights is crucial for parents navigating family law matters. Richard Roman Shum (https://www.romanshum.com/if-i-have-sole-custody-do-i-have-to-allow-visitation/), a Manhattan child custody and visitation lawyer, discusses whether a parent with sole custody must allow visitation. The Law Office of Richard Roman Shum, Esq. provides legal guidance to parents who need clarity on New York custody laws and their impact on visitation.

A parent with sole custody has the primary authority over major decisions regarding their child’s upbringing. However, as Richard Roman Shum explains, this does not always mean the non-custodial parent is excluded from the child’s life. New York courts prioritize the child’s best interests, which typically includes maintaining a relationship with both parents whenever possible. Visitation rights are determined by court orders and legal agreements, and parents must follow these terms to avoid potential legal issues. Richard Roman Shum emphasizes that non-custodial parents generally have the right to frequent and meaningful visitation unless the court determines that it would harm the child. As a Manhattan child custody and visitation lawyer, he highlights that parents cannot unilaterally deny visitation if there is a court order in place. Doing so can lead to legal consequences such as contempt of court, fines, or even a change in custody arrangements.

In New York, sole custody can include both legal and physical custody. Sole legal custody grants one parent exclusive authority over significant decisions regarding the child’s education, healthcare, and general welfare. Sole physical custody means the child primarily resides with one parent. Despite this, Richard Roman Shum points out that even when one parent has sole custody, the other parent may still be entitled to visitation, provided there are no concerns about the child’s safety. Visitation agreements can vary, with common arrangements including weekend visits, midweek dinner visits, alternating holidays, and extended summer visitation. If both parents can communicate effectively, they may create a visitation schedule that works for their family. If disagreements arise, the court will establish a schedule based on the child’s best interests. While courts generally uphold a non-custodial parent’s right to visitation, Manhattan child custody and visitation lawyer Richard Roman Shum notes that limitations can be imposed in specific circumstances. A judge may order supervised visitation if there are concerns about domestic violence, substance abuse, or an unsafe environment. In cases where the non-custodial parent poses a serious risk to the child, visitation may be denied entirely, though such rulings are rare.

Many parents believe that having sole custody allows them to decide whether visitation takes place. Richard Roman Shum clarifies that this is not the case. “Having sole custody does not give a parent the right to unilaterally deny court-ordered visitation,” he explains. If there are concerns about the child’s well-being during visits, the correct legal step is to request a modification of the court order rather than independently restricting access. Another common misunderstanding is that sole custody eliminates the other parent’s role in the child’s life. Richard Roman Shum states that while sole custody grants decision-making authority, it does not necessarily remove the other parent from the child’s routine. Courts generally favor arrangements that allow both parents to remain involved unless there is a compelling reason to restrict contact. Additionally, Richard Roman Shum warns against withholding visitation due to unpaid child support. He explains that child support and visitation are separate legal matters, and one cannot be used to enforce the other. Parents must follow court orders regarding visitation, regardless of financial disputes. If a non-custodial parent is not meeting their financial obligations, the appropriate course of action is to seek enforcement through the court rather than interfering with visitation.

Changes in circumstances may require a modification of an existing visitation order. Richard Roman Shum advises that parents seeking modifications must demonstrate a substantial change that affects the child’s well-being. Valid reasons for modification include new evidence of abuse, substance abuse relapse, or relocation that affects visitation schedules. Similarly, a non-custodial parent may request expanded visitation if they have improved their circumstances, such as completing a rehabilitation program or moving closer to the child. Filing a petition for modification requires clear documentation and supporting evidence. Richard Roman Shum explains that once a petition is filed, the court will schedule a hearing where both parents can present their cases. Until the court issues a new order, both parents must continue following the current visitation schedule. If a parent believes immediate changes are necessary, they may request an emergency hearing, but only the court has the authority to approve such modifications.

Effective communication between parents plays a significant role in maintaining a stable environment for the child. Richard Roman Shum suggests that parents should keep discussions focused on the child’s needs and avoid personal conflicts. Punctuality and consistency in following the visitation schedule help reinforce stability, and negative remarks about the other parent should be avoided in front of the child. Richard Roman Shum also recommends creating a detailed parenting plan that outlines schedules, holidays, and communication guidelines. A well-structured plan helps minimize confusion and prevents disputes. While flexibility may be necessary at times, frequent last-minute changes should be avoided to maintain consistency for the child. Failing to comply with a visitation order can lead to serious legal consequences. Courts may enforce penalties such as fines, loss of custody rights, or mandatory supervised visitation for parents who repeatedly violate court orders. Richard Roman Shum advises that if a child resists visitation, parents should address concerns through legal channels rather than making unilateral decisions. Legal guidance is essential for parents dealing with custody and visitation disputes. Richard Roman Shum and the Law Office of Richard Roman Shum, Esq. assist parents in navigating family law while ensuring their rights and their child’s best interests are protected.

About The Law Office of Richard Roman Shum, Esq.:

The Law Office of Richard Roman Shum, Esq. is a New York-based family law firm dedicated to helping parents navigate custody and visitation matters. The firm provides legal support for custody disputes, visitation enforcement, modifications to existing court orders, and other family law issues. With a client-focused approach, the firm works to protect parental rights while ensuring that legal decisions prioritize the child’s best interests. Richard Roman Shum and his team are committed to providing clear and strategic legal guidance to parents seeking solutions for their family law concerns.

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