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How to get visitation with 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

  • 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.

  • 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. 

  • 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. 

  • 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.

  • 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.

  • 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.

 

Five tips for those who are going on a long visit with a child

In order for the visit to take place and pass without any problems, here are a few simple recommendations for relatives and the convicts themselves.

• Plan a date in advance

It is very difficult to change the date of a date. In many colonies there are not enough places in the KDS (long visit room), so it is better to coordinate with relatives in advance the possible time period in which they can come on a date. nine0005

According to the law, an application for a long visit must be submitted to the administration of the penitentiary at least one month in advance. It is best to do this even earlier. It is advisable to indicate the approximate date of the meeting. So it will be easier to get it exactly at the time that is most convenient for relatives.

When scheduling long visits, representatives of the administration will have the opportunity to take into account the wishes of convicts. Usually the administration goes forward if there is such an opportunity. If there are no places for the dates you need, it is best to contact the head of the detachment for help, explain the situation in which you need a date on certain days. As a rule, the leaders of the detachment are women and they agree to help. For example, swap dates with other convicts. nine0005

As soon as the date of the visit becomes known, it is recommended to inform relatives in advance so that they can plan a vacation or time off from work, and resolve the issue with the school where the child studies.

• Prepare all necessary documents in advance

According to the law, direct relatives — husband, sibling, grandmother, grandfather, children, including adopted children and grandchildren, as well as guardians and adoptive parents of children — can come for long-term visits. If, for example, for some reason, the closest relative cannot bring the child, but agreed to come, for example, a distant relative or one of the friends, it is necessary to agree in advance with the head of the correctional institution. By law, he has the right to allow a meeting with “other persons”. This issue is resolved individually. In this case, it is necessary to clarify what documents, in addition to the passport, must be carried by persons accompanying the child. nine0005

Documents that will be required for persons arriving in the colony for a long visit:

• passport

• documents confirming kinship - marriage certificate, birth certificate of a child, adoption certificate, guardians - documents confirming the right of guardianship.

That is, the staff of the colony, who grant the right of access to the colony, must make sure that the persons who have arrived have the right to a long visit. If, for example, the brother or sister of the convict is going on a date, you need to take with you, in addition to the passport, also a birth certificate, this document will prove the presence of common parents. It is best to clarify the list of documents with representatives of the administration - in order to avoid problems. nine0005

• Not a gram of alcohol

Sadly, because of drinking a bottle of beer “for courage”, long dates break down quite often. And no amount of tears and entreaties will force the employees of the prison administration to let drunk citizens into the colony.

• Hygiene First

There are common areas in the long-term visitation room where several families are staying at the same time. As a rule, among them there are not the most prosperous characters from a social point of view, and simply sluts. Therefore, I would recommend taking with you more disinfectants and hygiene products that can protect (especially for children) from contracting any infection. Especially squeamish is best to bring a minimum set of dishes and your own bed linen. Most importantly, do not forget anything - you will not have the opportunity to go to the store there. It is best to make a list of necessary things in advance and check everything carefully before leaving for the colony. nine0005

• Three-day semi-imprisonment - how to organize leisure

Think about what a child will do for three days in an enclosed space. As a rule, the rooms in the premises for long dates are quite small, the same applies to the patio. Therefore, you need to try to organize the child's leisure so that he does not feel like a real prisoner. Many colonies allow you to bring films with you. The ideal option is to take a few new films for family viewing. Think over the menu: the child will be pleased if his mother cooks his favorite dishes for him. Make sure you have these products on hand in advance. By and large, apart from how to eat, sleep, and watch movies or cartoons, there is nothing more to do in KDS. Therefore, it is better to take care of some useful joint pastime in advance. For example, come up with games that do not require a lot of space. nine0005

Is it possible to come for a short visit with a baby in pre-trial detention center 1 Petrozavodsk, Petrozavodsk | question No. 13474890 of 01/01/2023

Karina from what you wrote, you can say that:

A meeting in a pre-trial detention center with a person under investigation or sentenced to imprisonment is a short-term meeting, lasting no more than 2 hours.

According to the law, persons under investigation in a pre-trial detention center have the right to visit relatives or lawyers. As a rule, visits are allowed only 2 times a month and for a maximum of 2 hours. You can get permission to visit from the investigator or his superiors. nine0005

As a rule, the investigator does not prevent you from getting a visit, but if you still have problems, you can turn to a lawyer or directly to higher officials for help.

If the investigator does not allow a visit to the pre-trial detention center, then you can file a complaint about the violation of the right to visit the person under investigation to the prosecutor's office. Both a lawyer and persons wishing to meet with the person under investigation can apply.

In order for the prosecutor's office to accept this application, it is necessary to provide it with a document confirming the grounds for the applicant's claims. To do this, it is enough to take from the investigator a written refusal to meet in a pre-trial detention center indicating the reasons for the ban on meeting with the person under investigation. nine0005

The following persons may receive a written refusal from the investigator:

Directly, the person under investigation himself;

Relatives of the person under investigation and persons wishing to receive a visit;

Lawyer;

Legal representatives of the above persons.

You can apply either in person at a meeting with the investigator, or by registered letter with notification.

If the investigator twice refused to see the person under investigation without explaining the reasons, then you need to send a complaint about the violation of your rights to the prosecutor's office by registered mail with notification. Subsequently, it will become evidence that you sought help from the prosecutor's office. nine0005

The following must be indicated in the complaint:

Full name of the investigator;

Full name of the person under investigation, with whom you need to get a meeting in the pre-trial detention center;

Indicate the fact of pressure from the investigator and his refusal;

Investigator's rudeness;

Other violations.

As a rule, the investigator allows a visit to the pre-trial detention center at the first mention of filing a complaint against him with the prosecutor's office.

Appointment in the pre-trial detention center after the verdict is passed

As soon as the judge pronounces the verdict, the decision to allow the visit must be asked from the chairman of the court. From now on, it will not be possible to get a date in the pre-trial detention center through the investigator. As a rule, the judge does not refuse to see a convict who is in a pre-trial detention center. nine0005

In order to get permission to visit in a pre-trial detention center, you need to apply to the same judge of first instance who passed the sentence. When the law enters into legal force, you can apply for permission to the “certificate” of the pre-trial detention center.

Of course, the court has the right to refuse a visit for the following reasons:

Putting pressure on the court session and investigation;

Violation by the convict of the internal regulations of the pre-trial detention center;

Other reasons.

Unfortunately, if the court refuses to see the convict, it is practically impossible to influence his decision. The only way to influence the decision is to file a cassation appeal. nine0005

As soon as the verdict enters into legal force, permission to visit the convict in the pre-trial detention center before he is transported to the place of deprivation of liberty must be obtained from the reference pre-trial detention center. In addition, after the entry into force of the sentence, the number of visits of the convict is determined by the regime of punishment. However, the permit should be used before the convict is sent to the place of deprivation of liberty (“on a stage to the camp”) and the time of his stay in quarantine.

The visitation permit is valid for exactly two weeks (14 days). nine0005

Basic rules for communicating with a convict

So, you have received permission to visit in a pre-trial detention center, then you need to pay attention to the schedule of meetings, the rules for communicating with a convict and the following points:

The permit is valid for only two weeks, and you have the right use it at any time convenient for you. However, remember that you may be denied an appointment if you:

Show up outside social hours;

During quarantine;

In other cases, excluding the possibility of communicating with people in this pre-trial detention center. nine0005

The queue for appointments in the pre-trial detention center is always long, and employees from other cities try to skip the queue. For this reason, we advise you to go on a date to the pre-trial detention center in advance.

Working hours of the SIZO:

Reception of applications for a visit in the SIZO starts at 10 am and lasts until lunch. In some branches, the queues for a date are collected from 5-6 in the morning;

Waiting in line can take from an hour to a day, in addition to this time, 2 hours are added for a meeting. Therefore, try to do all the necessary things in advance so as not to miss your turn. nine0005

The duration of the registration and the date itself may take a couple of days. Thus, if you registered for a meeting in a pre-trial detention center today, then in some cases you will be able to see the convict only the next day. For this reason, non-residents will have to stock up on extra money to pay for a hotel, apartment or room rented for a day. Quite often, near the pre-trial detention center there is a considerable number of local residents who want to earn extra money by renting housing.

It is desirable to make a visit to the pre-trial detention center and transfer of things at the same time, but this requires taking two different queues. Therefore, employees are advised to come on a date together, while one person draws up and receives permission to visit in a pre-trial detention center, the other passes things and food to the convict. nine0005

To save time with the “transfer”, you can send a letter to the convict and he will receive it within a couple of hours.

It is better to buy cigarettes, tea and other products at the kiosks operating in the pre-trial detention center, as they are not checked.

Next, after checking things and standing in line, there comes a moment when you are allowed into a specially equipped meeting room. The room for meetings of convicts with loved ones is divided into two approximately equal parts, separated from each other by double glass, between which 1. 5 meters are allocated. A guard passes between the panes from time to time. This is done for the safety of visitors and to ensure the execution of criminal penalties. nine0005

You can only talk to the convict through the double glass on the phone. All conversations are monitored by security. If you need to transfer something secret, then you can not do without the help of a lawyer.

Can a minor be granted a visit in a pre-trial detention center?

It is not uncommon for a minor child of a convict to visit a pre-trial detention center. Here the question arises, can a minor be allowed to visit a relative in a pre-trial detention center.

All citizens of the Russian Federation, regardless of their age, have the right to visit their relatives under investigation in a pre-trial detention center. Therefore, it is illegal to refuse a date to an underage teenager. nine0005

If a teenager was denied a visit because he was underage, then you need to take a written refusal from the head of the pre-trial detention center or the investigator. Subsequently, this refusal can be attached to a complaint about the violation of their rights, which is filed with the prosecutor's office.

When can a visit in a pre-trial detention center be banned?

We must not forget that the pre-trial detention center is a place of special control over discipline and execution of punishment. Therefore, in 100% of cases, the following persons will be denied a meeting:

Drunk persons; nine0005

Persons who do not have official permission to visit a convicted person;

Persons without documents (passport or other identification document).

In addition, a visit to a pre-trial detention center may be banned in situations where the convict violates the internal regulations of the correctional institution or the court has forbidden him to visit.

Types of visits in pre-trial detention centers

All visits with convicts and persons under investigation are divided into two types:

Long visits;

Short-term dates.

Only the second type of visits is allowed in the pre-trial detention center, lasting no more than three hours on any days, except for sanitary ones. As a rule, dates last two hours.

A convicted person and a person under investigation are allowed a maximum of two visits per month.

Long visits are allowed only to convicts whose judgment has already entered into legal force. However, the stay of convicts in a pre-trial detention center rarely exceeds two weeks, as they are trying to transport them to the place of serving a criminal sentence as soon as possible. nine0005

Application for a meeting in a pre-trial detention center

Let's move on to the main question, how to write an application for a meeting in a pre-trial detention center. So, in the text of the document you need to indicate:

Full name of the authority issuing the permit;

Full name of the investigator, judge or head of the SIZO;

Application for permission to visit a prisoner;

Date and signature of the applicant.

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