How do i get visitation rights to see my child
Custody & Visitation | NYCOURTS.GOV
FAQs (Frequently Asked Questions)
- What Is an Order of Custody?
- Who May File a Petition for an Order of Custody?
- What Happens at the Hearing?
- What Is an Order of Visitation?
- Must the Parties Have Lawyers to Represent Them?
- What is Custody/Visitation Mediation?
- Can a Custody or Visitation Order Be Changed?
- What Happens If One Side Interferes with the Custody or Visitation That Was Ordered by the Court?
- Are There Ways to Settle Cases Without Going to Trial?
What Is an Order of Custody?
An order of custody gives responsibility for the care, control and maintenance of a child to one or both of the child's parents or to another party.
Who May File a Petition for an Order of Custody?
A parent, grandparent or a person with a substantial connection or relationship with the child may file a petition in Family Court requesting that the court place the child in his or her custody. A copy of the petition and a summons must be served upon (delivered personally to) the person or parties who presently have custody of the child. If the child's parents are separated and one parent seeks a custody order, that parent must have the papers served upon the other parent. If a non-parent is seeking custody of the child, then both of the child's parents must be served.
There are no filing fees in Family Court.
What Happens at the Hearing?
If the parties agree about custody of the child, the judge may take testimony from both parties and enter an order of custody on consent, without the need for a formal hearing. If the parties cannot reach an agreement about custody, the court will hold a hearing, taking testimony from both sides, and may appoint a lawyer to represent the child. The court may order an investigation and report from a social services agency or mental health professional. After considering the evidence presented, the court will award custody based upon what is in the child's best interests.
In some counties in New York City, a custody or visitation case may be heard by a Family Court "court attorney-referee", who may hear and decide the case and issue orders.
Judges or referees may also refer parties to mediation
What Is an Order of Visitation?
A parent seeking to visit with a child may file a petition in Family Court against the person or persons who have custody of the child. Custody and visitation matters are often heard together within the same hearing, but a visitation petition may also be filed as a separate matter. Other family members, such as grandparents or siblings, may also file a petition seeking an order of visitation. The court will order visitation if it is in the child's best interests.
Must the Parties Have Lawyers to Represent Them?
The parties to custody and visitation matters may represent themselves or hire lawyers. In some cases, when a party cannot afford to hire a lawyer, the judge may appoint a lawyer at no cost.
The judge may also appoint a lawyer to represent the child; this lawyer is called the "Attorney for Child."
CourtHelp - Lawyers & Legal Help
What is Custody/Visitation Mediation?
- Mediation is a voluntary and confidential process to resolve conflicts.
- A trained, neutral person (the mediator) can help you develop a parenting plan that will work for your particular family. The mediator will not make any decisions; you will speak and decide for yourself.
- Mediation helps you learn how to communicate with the other parent about issues concerning your child.
- Mediation can help you understand your situation in new ways so you can resolve your conflicts.
- Mediation gives you the chance to discuss all the issues affecting your child, not just the legal ones.
- If you reach an agreement, it is sent back to court on your adjourn date. If the judge or referee agrees, it can become a court order.
Can a Custody or Visitation Order Be Changed?
Either party may file a petition to have a custody or visitation order modified (changed).
The party seeking to have the order modified must prove that there has been a substantial change of circumstances since the original order was issued. The court holds a hearing to determine if a change is in the child's best interests.
You can use the free and easy DIY Form program to make your petition to ask the Family Court to change the custody/visitation order.
What Happens If One Side Interferes with the Custody or Visitation That Was Ordered by the Court?
If a court order gives certain custody or visitation rights to a party and the other party fails to obey the order, the complaining party may file a petition alleging a violation of the order. After the court holds a hearing, the judge may change the order and/or impose sanctions on the party who has failed to comply with the order.
You can use the free and easy DIY Form program to make your petition to ask the Family Court to take action against the other parent who fails to follow the custody/visitation order.
Are There Ways to Settle Cases Without Going to Trial?
When you come to court about custody or visitation with your child, you may have a choice: whether to litigate your case before a judge (or referee) or to have your case referred to mediation.
Mediation is a free, voluntary and confidential process where you and the other parent work with a neutral mediator to create your own parenting plan.
Custody / Visitation Mediation Program
Access & Visitation Program | Division of Child Support Services
Child Access Services Outside of Service Delivery Area
The Division of Child Support Services (DCSS) works with service providers who offer resources for parenting time to parents with active cases. Counties currently served by the Access and Visitation program are color coded in the map below. The counties that are not colored do not have a provider. If you live in a county that is not covered, contact us.
A provider in a nearby county may be able to assist you.
Access & Visitation Program
These services are offered at no cost to DCSS customers and include the following:
- Coordination of visitations or parenting time
- Mediation between the parents (non-legal, non-binding)
- Written parenting plans
- Group parenting education
- Counseling on access issues
Funding is provided by grants through the Administration for Children and Families
Self-help Legal Resources
Child Support Services and its child visitation providers do not offer legal services related to visitation. Legal services related to visitation include legitimation and the establishment of visitation orders. Legal help must be obtained from other resources. For those who want to consider filing an action in court on their own, below is a list of resources by county. These sites have forms, instructions, and information about legitimation and visitation.
Child Access Self-Help Resources by County
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Cobb County
The Cobb County Superior Court Family Law Workshop is available to any Cobb resident or person with a family law issue related to Cobb County can visit the center at 30 Waddell Street, Marietta, GA 30090. They offer a free workshop that provides answers to basic questions about divorce, paternity/legitimation, contempt, and modification cases. You may call (770) 528-8100.
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Chattahoochee, Harris, Marion, Muscogee, Talbot, and Taylor counties
The Chattahoochee Judicial Circuit has a self-help website for citizens in Chattahoochee, Harris, Marion, Muscogee, Talbot, and Taylor counties. Legitimation is a service provided by the Chattahoochee Family Law Center. It’s staffed on the 1st, 2nd and 3rd Fridays of each month from 10 a.m. until noon. The legitimation process is covered in detail and attorneys are available to assist with completing the petition.
There are also computers available at each county courthouse to access the website. -
DeKalb County
The DeKalb County Superior Court's Family Law Information Center is available to any DeKalb resident or person with a family law issue related to DeKalb County can visit the center at its location at 120 West Trinity Place, Decatur, Ga. 30030. Brief, legal consultations with an attorney are available for $10 by calling and making an appointment.You may call (404) 687-3990.
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Dougherty County
The Dougherty County Superior Court Law Library is available to any Dougherty resident or person with a family law issue related to Dougherty County can visit the center at its location at 225 Pine Avenue, Room 212, Albany, GA 31702. The library manager, who is an attorney, is available to provide assistance with conducting research, finding appropriate materials and possible legal resources, suggesting self-help resources, and answering legal reference questions in person or by e-mail.
However, the library manager is not permitted to give legal advice or interpret specific legal situations. You may call (229) 431-2133. -
Fannin, Gilmer, and Pickens counties
The Appalachian Family Law Information Center serving Fannin, Gilmer, and Pickens counties are available to any Fannin, Gilmer or Pickens resident or person with a family law issue related to these counties can visit the center at its location at 1 Broad Street, Suite 102 A, Ellijay, GA 30540. Brief, legal consultations with an attorney are available by appointment for income-qualified individuals. You may call (706) 299-1444.
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Fulton County
The Fulton County Superior Court Family Division's Family Law Information Center is available to any resident of the State of Georgia can visit the center in person at its location. The address is 185 Central Avenue, Atlanta, GA 30303. One can receive a free, brief legal consultation with an attorney by calling and making an appointment.
However, a non-custodial parent must follow the guidelines of the county with legal jurisdiction over his/her particular legal issues. You may call (404) 612-2789. -
Hall and Dawson counties
The Hall and Dawson County Superior Court Family Law Information Center is available to any Hall or Dawson resident or person with a family law issue related to Hall or Dawson Counties can visit the center at its location at 225 Green Street, S.E., Gainesville, GA 30501. Brief, legal consultations with an attorney are available at no cost in Dawson County. However, a financial qualification is required for attorney consultations in Hall County. You may call (770) 531-2463.
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Legal Information and Services
The Atlanta Legal Aid Society, Georgia Legal Services Program and the Pro Bono Project of the State Bar of Georgia is available to all residents of Georgia. It is a guide to free legal information and services including the topics of legitimation, visitation, and custody.
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Addresses for Superior Court Clerks
A list of the Georgia Superior Court Clerks for every county is on this website: www.gsccca.org. Phone numbers and addresses for each clerk are provided.
Resolution by the body of guardianship and guardianship of issues related to providing close relatives of the child with the opportunity to communicate with the child
Applicants have the right to a pre-trial (out-of-court) appeal against decisions and actions (inaction) taken (carried out) by local governments, officials, municipal employees of local governments in the course of providing public services. The pre-trial (out-of-court) appeal procedure does not exclude the possibility of appealing against decisions and actions (inaction) taken (carried out) in the course of providing public services in court. The pre-trial (out-of-court) appeal procedure is not mandatory for the applicant.
The subject of pre-trial (out-of-court) appeal are:
- violation of the deadline for registration of the applicant's request for the provision of public services;
- violation of the term for the provision of public services;
- requirement from the applicant of documents that are not provided for by the regulatory legal acts of the Russian Federation, the regulatory legal acts of St.
Petersburg, for the provision of public services; - refusal to accept documents from the applicant, the provision of which is provided for by the regulatory legal acts of the Russian Federation, the regulatory legal acts of St. Petersburg, for the provision of public services;
- refusal to provide a public service, if the grounds for refusal are not provided for by federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them, regulatory legal acts of St. Petersburg;
- a requirement from the applicant when providing a public service for a fee not provided for by the regulatory legal acts of the Russian Federation, the regulatory legal acts of St. Petersburg;
- refusal of a local government body, a municipal employee of a local government body providing a public service, to correct misprints and errors in documents issued as a result of the provision of a public service, or violation of the deadline for such corrections.
The complaint is submitted in writing on paper, in electronic form to the local government. Complaints against decisions made by an official of a local self-government body are submitted to the Government of St. Petersburg.
A complaint can be sent by mail, through the MFC, using the Internet information and telecommunications network, the official website of the local government, a single portal of state and municipal services or a regional portal of state and municipal services, and can also be accepted at the personal reception of the applicant.
The complaint must contain:
- name of the local self-government body, official of the local self-government body or municipal employee of the local self-government body whose decisions and actions (inaction) are being appealed;
- last name, first name, patronymic (the last name, if any), information about the place of residence of the applicant - an individual or name, information about the location of the applicant - a legal entity, as well as the contact phone number (numbers), email address (s) (if available) and the postal address to which the response should be sent to the applicant;
- information about appealed decisions and actions (inaction) of a local government body, an official of a local government body or a municipal employee of a local government body;
- arguments on the basis of which the applicant does not agree with the decision and action (inaction) of the local government, an official of the local government, or a municipal employee of the local government.
The applicant may submit documents (if any) or their copies confirming the applicant's arguments.
The complaint received by the local authorities is subject to consideration within the following terms:
- within fifteen working days from the date of registration of the complaint;
- within five working days from the date of registration of the complaint in the event of an appeal against the refusal of a local government body, an official of a local government body to accept documents from the applicant or to correct misprints and errors, or in the event of an appeal against a violation of the deadline for such corrections;
- at other times in cases established by the Government of the Russian Federation.
Based on the results of consideration of the complaint, the local government takes one of the following decisions:
- satisfies the complaint, including in the form of cancellation of the decision, correction of misprints and errors made by the local government in documents issued as a result of the provision of public services;
- refuses to satisfy the complaint.
Not later than the day following the day of the decision, the applicant in writing and at the request of the applicant in electronic form shall be sent a reasoned response on the results of the consideration of the complaint.
When considering a complaint by a local self-government body, a citizen has the right to:
- get acquainted with the documents and materials related to the consideration of the complaint, if this does not affect the rights, freedoms and legitimate interests of other persons and if these documents and materials do not contain information constituting a state or other secret protected by federal law;
- receive a written response on the merits of the issues raised in the complaint, notification of forwarding the written appeal to the state body, local government or official whose competence includes resolving the issues raised in the appeal;
- appeal against the decision or action (inaction) in connection with the consideration of the appeal in an administrative and (or) judicial manner in accordance with the legislation of the Russian Federation;
- submit additional documents and materials or apply for their reclamation, including in electronic form;
- to apply for termination of consideration of the complaint.
In the event that, during or as a result of the consideration of a complaint, signs of an administrative offense or crime are established, the official empowered to consider complaints immediately forwards the available materials to the prosecutor's office.
The applicant has the right to receive information and documents necessary to substantiate and consider the appeal (complaint). Local self-government bodies, its officials, municipal employees of the local self-government body are obliged to provide the applicant with the opportunity to familiarize themselves with the documents and materials related to the consideration of the appeal (complaint), if this does not affect the rights, freedoms and legitimate interests of other persons and if these documents and materials do not contains information constituting a state or other secret protected by federal law.
Executive bodies of state power of St. Petersburg and officials to whom the complaint (claim) of the applicant may be addressed in the pre-trial (out-of-court) procedure
If the subject of the complaint (claim) of the applicant is the actions of the local government providing public services, the complaint (claim) may be sent to the Committee for Social Policy of St.
Petersburg:
1
, St. Petersburg, per. Antonenko, d. 6;
telephone (812) 576‑24‑61, fax (812) 576‑24‑60;
e-mail: [email protected].
Vice Governor of St. Petersburg in charge of the relevant industry:
191060, St. Petersburg, Smolny;
telephone (812) 576-44-80, fax (812) 576-7955.
If the subject of the complaint (claim) of the applicant is the actions of an employee of the MFC unit, the complaint (claim) is sent to the Administration of the Governor of St. Petersburg:
191060, Smolny, Administration of the Governor of St. Petersburg;
e‑mail: [email protected];
telephone (812) 576‑70‑42.
Parents' access to the child in the intensive care unit - Pro Palliative
Contents
Before visiting the intensive care unit, a certificate of the absence of diseases is required. It is legal?
Are there any restrictions in the new requirements?
The doctor claims that only the child's mother can enter the intensive care unit.
What to do?
Can a grandparent visit a child in the hospital?
The doctor claims that the hospital is under quarantine and internal regulations prohibit parents from coming. What to do?
The doctor is not against parents in intensive care, but he allows them to come in strictly allotted hours. What to do?
Medical staff demand money for access to the child in intensive care. It is legal?
Can a doctor forbid a visit to a child because the conditions are not created in the hospital?
What should I do if the doctors still won't let my child into the intensive care unit?
Since January 1, 2012, the Federal Law “On the Basics of Protecting the Health of Citizens in the Russian Federation” guaranteed parents, legal representatives or other family members the right to stay together with the child in a hospital. Nevertheless, the issue of access to intensive care is very acute: doctors refer to infections brought by parents from the external environment, to quarantine and the lack of conditions for visitors.
Legal adviser of the Vera Foundation Anna Povalikhina told what actions will help parents gain access to intensive care.
On August 19, 2020, the Ministry of Health of Russia by order No. 869n approved general requirements for organizing visits to the patient by relatives and other family members or legal representatives of the patient in a medical organization, including in its structural divisions intended for intensive care and resuscitation .
The order came into force on September 21, 2020.
Important
Please note that the new requirements refer specifically to visits to patients, and not to a joint permanent stay with a child.
Before visiting the intensive care unit, they ask me for a certificate of the absence of diseases. It is legal?
No. The new requirements, as well as the 2016 methodological letter of the Ministry of Health “On the rules for visiting patients in the intensive care unit by relatives”, lists all the conditions under which relatives are allowed to visit children in intensive care.
Among them, there is no requirement to provide doctors with certificates of the absence of diseases or test results.
Are there any restrictions in the new requirements?
Visitors are not allowed to use mobile phones and other electronic devices.
The rule that no more than two visitors can be in the room at the same time is still preserved.
But the restrictions on the appearance of visitors have been removed. Now, before entering the department, you do not need to wear shoe covers, a gown, a mask, a cap. At least there are no such requirements in the document.
Before visiting the intensive care unit, read the Rules, or better yet, print them out so that in case of disagreement you can show them to medical workers.
The doctor says that only the child's mother can enter the intensive care unit. What to do?
When it comes to visiting a child in intensive care, there are no obstacles for either mom or dad.
If we are talking about living together, then by law only one parent can be with a child.
However, parents have equal rights and bear equal responsibilities towards their children, and hence equal responsibility for their health. This is stated in articles 61 and 64 of the Family Code of the Russian Federation. This means that they have the right to decide for themselves which of them will be with the child permanently.
Can a grandparent visit a child in a hospital?
Can. According to the accepted requirements, the patient can be visited not only by relatives and family members, but also by other persons, for example, friends, but only with the consent of the patient.
Now the patient in the hospital, even in the ICU, can be visited by children without age restrictions.
The doctor claims that the hospital is under quarantine and internal regulations prohibit parents from coming. What to do?
It is forbidden to visit patients who are in infectious disease wards and infectious disease wards, as well as during the introduction of restrictive measures (quarantine) in a medical organization (its structural subdivision).
Internal regulations are no reason to refuse you. Such restrictions are not provided for either by law or by the Visiting Rules. Any medical instruction, directive, or document of any kind that does not authorize a visit to a relative violates federal law and may not be enforced.
However, the new rules contain a stipulation that a visit to a patient is carried out taking into account the patient's condition, compliance with the anti-epidemic regime and the interests of other persons working and (or) staying in a medical organization. Unfortunately, nowhere is it indicated what requirements for compliance with the anti-epidemic regime can become a reason to ban a visit, what interests and what persons will be the grounds for refusal.
The doctor is not against the parents in the intensive care unit, but allows them to come in strictly allotted hours. What to do?
Parents and other legal representatives of a child under 18 years of age have the right to decide for themselves whether to stay with the child in the hospital permanently or choose a visiting regime.
However, the time of visits really needs to be agreed with the head of the department. If the parent wants to stay with the child all the time, the requirement
to come at certain hours is illegal and contradicts paragraph 3 of Article 51 No. treatment.
Medical staff demand money for access to the child in intensive care. It is legal?
No. You may only be charged for bed and board if your child is over 4 years old. And only if the doctor decides that there are no medical indications for the joint stay of the parent with the child.
On January 13, 2022, the Ministry of Health of the Russian Federation sent an information letter to the regional ministries of health about the joint stay of a parent with a disabled child over 4 years old in a hospital. The letter lists the conditions of the child, in which medical institutions must provide parents with the conditions to be with the child around the clock.
A bed and food must be provided to the parent free of charge.
Download the information letter of the Ministry of Health of the Russian Federation dated 13.01.2022 No. 15-3 / I / 2-223
Can a doctor prohibit visiting a child because the conditions for this are not created in the hospital?
No. The doctor does not have the right to refuse to jointly stay with the child in the hospital, regardless of his age, due to the fact that there are no appropriate conditions.
According to the territorial programs of state guarantees of free provision of medical care to citizens of any subject of the Russian Federation, among the conditions for the provision of medical care, the provision of a bed and meals is mandatory when one of the parents, another family member or other legal representative is in a medical organization in a hospital with a child until he reaches the age of 4 years, and with a child older than the specified age - if there are medical indications. Now these indications are listed in the information letter of the Ministry of Health of the Russian Federation, the link to which we gave above.
The territorial program of state guarantees of free medical care for citizens of the constituent entity of the Russian Federation where you live can be found on the website of the department/ministry of health in your region.
What to do if the doctors still do not let the child into the intensive care unit?
If the attending physician refuses access to the intensive care unit, go to the head of the department, and if he refuses, go to the head physician. Before the meeting, print or hand-write two copies of the application for admission to the child (see application form). If the doctor is not available, please contact his secretary with a request to accept the application and register it officially. Give one copy to the secretary, on your copy you must put the incoming number, the date of acceptance of the application and the signature of the person who received it.
If you are denied again, file a complaint with the name of the chief physician (see the complaint form) with mandatory registration with the secretary (see the instructions for sending complaints), and keep this promise after the conversation.
