At The Gilmer Law Firm, PLLC, located in Brooklyn, New York, the firm focuses on helping parents protect and enforce their parental rights in Family Court. When a relationship ends, emotions often run high, especially when children are involved. Unfortunately, it’s not uncommon for one parent to limit or interfere with the other parent’s ability to spend time with their children. If this is happening to you, there are legal steps you can take.
In New York, as long as a non-custodial parent is fit, courts will generally grant reasonable visitation rights. Family Court is guided by what is in the best interests of the child, and in most situations, that includes maintaining a meaningful relationship with both parents.
Can the Court Help Me See My Child?
Yes. If the custodial parent is denying or interfering with your access to your child, you have the right to file a Petition for Visitation in Brooklyn Family Court. In some cases—such as when a child’s safety may be at risk, or when the custodial parent is unreachable—The Gilmer Law Firm, PLLC may recommend filing an Order to Show Cause, which allows for faster court intervention under emergency circumstances.
Courts in Brooklyn recognize that children should not be used as pawns in parental disputes. If there is no evidence that visitation would endanger the child or if the non-custodial parent has not forfeited their rights, the court will typically support consistent visitation.
What If the Custodial Parent Is Interfering With Visitation?
When a custodial parent deliberately frustrates or actively interferes with the other parent’s access, the court has the authority to enforce visitation, issue sanctions, or even modify custody arrangements. The court may determine that a change in custody is appropriate if it is in the child’s best interest to preserve a relationship with the non-custodial parent.
Will the Court Listen to What My Child Wants?
In many cases, especially when a child is old enough to verbalize their wishes, the court will appoint a lawyer for the child. This attorney will speak with the child and convey their preferences regarding visitation and custody to the judge. A child’s opinion carries more weight during the teenage years, although it is not the sole deciding factor.
If the child resists visitation due to possible parental alienation, the court may order a forensic evaluation to investigate the root cause. These evaluations can help determine whether one parent has negatively influenced the child’s relationship with the other parent.
Contact The Gilmer Law Firm, PLLC Today
If you’re being denied access to your child, don’t wait. The court system is designed to protect your parental rights and foster healthy parent-child relationships. Call The Gilmer Law Firm, PLLC for a free phone consultation and take the first step toward asserting your rights and reconnecting with your child.
