If I Have Sole Custody, Do I Have to Allow Visitation?

Having sole custody of a child can give one parent primary authority over important decisions, but it does not always mean the other parent is completely removed from the child’s life. Custody arrangements in New York are structured to prioritize the child’s best interests, which often includes maintaining a connection with both parents. However, visitation rights can vary depending on court orders, parental agreements, and specific circumstances that may impact the child’s well-being. Understanding how these factors influence custody and visitation can help parents avoid legal complications and ensure that their child’s routine remains as stable as possible.

If you are dealing with a custody arrangement and are unsure about how visitation laws apply to your situation, consulting with a knowledgeable Manhattan child custody and visitation lawyer can provide the clarity you need. The Law Office of Richard Roman Shum, Esq. offers legal guidance to parents who want to protect their rights while complying with New York custody laws. Whether you need help enforcing a visitation order, modifying an existing arrangement, or addressing concerns about co-parenting, legal support can make a difference. Call (646) 259-3416 today to discuss your case and explore your legal options.

What Does Having Sole Custody Mean in New York?

Custody in New York refers to the legal responsibility for a child’s care and upbringing. It is a crucial aspect of family law, as it determines who has the authority to make important decisions for the child and where the child will reside. 

In New York, sole custody refers to an arrangement where one parent is granted exclusive rights regarding their child. This encompasses two primary aspects:

• Legal Custody: The authority to make significant decisions about the child’s upbringing, including matters related to education, healthcare, and religious instruction. When a parent has sole legal custody, they have the exclusive right to make these major decisions without requiring the other parent’s input.
• Physical Custody: Determines where the child resides. A parent with sole physical custody has the child living with them the majority of the time and is responsible for the child’s daily care and supervision. The non-custodial parent may be granted visitation rights, allowing them to spend time with the child, but the child primarily resides with the custodial parent.

Visitation Rights of the Non-Custodial Parent

Visitation, also known as parenting time, allows a parent who does not have physical custody to maintain a relationship with their child. In New York, courts generally grant the non-custodial parent the right to frequent and meaningful visitation unless there is evidence that it would be harmful to the child.

Standard Visitation Arrangements

If both parents can communicate effectively and agree on a visitation schedule, they have the flexibility to create an arrangement that suits their child’s needs and their respective schedules. When parents cannot agree, the court will impose a schedule based on the best interests of the child.

Typical visitation schedules for school-aged children include:

• Every other weekend with the non-custodial parent
• One overnight or dinner visit during the week
• Alternating school holidays between parents
• Extended visitation during the summer, often for a week or more

For younger children, visitation may involve shorter but more frequent visits, sometimes without overnight stays. In cases where parents live far apart, the court may adjust the schedule to accommodate longer but less frequent visits, such as extended time during holidays and school breaks.

Limitations on Visitation

While visitation is generally a right, courts may impose restrictions in situations where unrestricted access is not in the child’s best interests. The court may limit visitation due to concerns such as a history of domestic violence, substance abuse, or unsafe living conditions. When limitations are necessary, the court may order:

• Supervised visitation – A neutral third party is required to monitor visits when there are concerns about the non-custodial parent’s ability to provide a safe environment for the child.
• Therapeutic supervised visitation – A mental health professional supervises visits to evaluate and support the non-custodial parent’s relationship with the child. This is often ordered when the parent’s behavior or parenting skills require improvement.
• Neutral place of exchange – If there is a risk of conflict between parents, the court may require that the child be exchanged at a neutral location, such as a police station, school, or library.
• Monitored transfer – In cases where direct contact between parents may be problematic, the court may require the exchange to take place under the supervision of a neutral third party.

If the non-custodial parent poses a significant danger to the child, visitation may be denied entirely, though this is rare. Courts generally try to preserve the parent-child relationship whenever possible.

Common Misconceptions About Sole Custody and Visitation

Myth: “Sole Custody Means I Can Decide If Visitation Happens or Not”

Having sole custody does not give a parent the right to unilaterally deny court-ordered visitation. Sole custody only grants one parent decision-making authority over major aspects of the child’s life, such as education, healthcare, and where they live. However, if the court has granted the non-custodial parent visitation rights, those visits must be honored unless a judge modifies the order. Failing to comply with a visitation order can lead to legal consequences, including contempt of court, fines, or even modifications to custody arrangements. If there is a concern about the child’s safety, the custodial parent must petition the court for a modification rather than making the decision independently.

Myth: “Sole Custody Cuts the Other Parent Out of the Child’s Life”

While sole custody means one parent has primary authority over major decisions, it does not eliminate the other parent’s involvement. Courts generally recognize that maintaining a relationship with both parents is in the child’s best interest unless there is a compelling reason to limit contact. In most cases, the non-custodial parent still has the right to regular visitation, even if they no longer have decision-making authority. Sole custody does not automatically prevent the other parent from participating in the child’s life or having a meaningful relationship with them.

Myth: “If There’s No Court Order, I Don’t Have to Let the Other Parent See the Child”

Without a formal custody or visitation order, both parents have equal rights to the child. This means that one parent cannot unilaterally restrict the other’s access without legal justification. If a custodial parent prevents the other parent from seeing the child, the non-custodial parent has the right to file a petition for visitation in Family Court. Courts generally grant visitation unless there is evidence that it would harm the child. For parents concerned about safety or other issues, the correct course of action is to seek a formal order from the court, rather than independently restricting access.

Myth: “I Can Deny Visitation If the Other Parent Isn’t Paying Child Support”

Child support and visitation are separate legal matters. A parent cannot withhold visitation as a way to enforce child support payments. Even if the non-custodial parent is behind on payments, they still have the legal right to see their child as outlined in the custody order. Likewise, the non-custodial parent cannot refuse to pay child support simply because they believe they are not getting enough time with the child. If a parent is not meeting their financial obligations, the appropriate action is to pursue enforcement through the court, not to interfere with visitation.

Myth: “If My Child Doesn’t Want to Go on Visits, I Can Skip Them”

Court-ordered visitation must be followed, even if a child expresses reluctance or resistance. Parents are expected to encourage and facilitate visits in good faith. If a child refuses to attend visits on a regular basis, the custodial parent should try to understand the reasons behind the resistance and address any concerns. However, they cannot simply stop visitation without court approval. If a child has strong objections, particularly as they get older, the appropriate step is to petition the court for a modification of the visitation order rather than making unilateral decisions. Until a judge officially modifies the arrangement, both parents must comply with the existing order.

Situations Where Visitation Can Be Denied or Restricted

While courts generally uphold the right of a non-custodial parent to have visitation, there are circumstances where restrictions or denials may be necessary to protect the child’s well-being. The guiding principle remains the best interest and safety of the child. 

• Documented Abuse or Violence: Courts may deny or restrict visitation if a parent has a history of physical, sexual, or emotional abuse. Evidence such as police reports, restraining orders, or CPS findings can support restrictions, including supervised visitation or full suspension if the risk is severe.
• Substance Abuse Problems: If a parent has a serious drug or alcohol issue that endangers the child, visitation may be supervised or suspended. Courts often require proof of sobriety, such as drug tests or rehab completion, before reinstating parenting time.
• Severe Neglect: If a parent fails to provide basic care, including food, medical attention, or proper supervision, visitation may be restricted. CPS reports, medical records, or unsafe living conditions can serve as evidence.
• Parental Abduction Risk: If a parent has threatened to take the child unlawfully, courts can restrict visits or require supervised exchanges. Additional measures may include surrendering passports or prohibiting out-of-state travel.
• Parental Alienation or Toxic Behavior: If a parent manipulates or alienates the child against the other parent, courts may intervene. Possible actions include therapy, supervised visitation, or structured parenting plans to prevent harm to the child’s emotional well-being.
• Criminal Activity or Incarceration: A parent engaged in criminal behavior, especially violent or drug-related offenses, may face visitation restrictions. If incarcerated, visitation depends on the nature of the crime and rehabilitation efforts after release.

If a parent faces concerns about the other parent’s ability to provide a safe environment, consulting with an experienced child custody and visitation attorney and seeking a formal modification order is the appropriate course of action. Taking matters into one’s own hands by denying visitation without court approval can lead to legal consequences, including contempt of court or even a change in custody arrangements.

Situations Where Visitation Can Be Denied or Restricted	Reason for Restriction	Possible Court Actions
Documented Abuse or Violence	History of physical, sexual, or emotional abuse, supported by police reports or restraining orders.	Supervised visitation or full suspension of parental visits.
Substance Abuse Problems	Drug or alcohol addiction that endangers the child.	Supervised visits, mandatory drug tests, or rehab completion required for reinstatement.
Severe Neglect	Failure to provide basic care, medical attention, or supervision.	Restricted visitation or supervised parenting time.
Parental Abduction Risk	Threats or attempts to unlawfully take the child.	Supervised exchanges, passport surrender, or travel restrictions.
Parental Alienation or Toxic Behavior	Manipulating or alienating the child against the other parent.	Therapy, structured visitation, or supervised parenting time.
Criminal Activity or Incarceration	Engaging in illegal activities, especially violent or drug-related crimes.	Visitation restrictions depending on rehabilitation efforts.

How to Modify a Visitation Order

Circumstances can change over time, making an existing visitation order no longer practical or appropriate. In New York, either parent can seek a modification of a custody or visitation order, but they must demonstrate a substantial change in circumstances that impacts the child’s best interests. Courts do not modify orders lightly, so the requesting parent must present clear and compelling evidence supporting the need for a change.

Valid Reasons for Modification

A parent seeking to modify visitation must show that something significant has changed since the last order was issued. Valid reasons may include a decline in the non-custodial parent’s ability to provide a safe environment, such as new instances of abuse, substance abuse relapse, or criminal activity. 

On the other hand, a non-custodial parent may request expanded visitation if they have successfully completed a rehabilitation program, resolved prior concerns, or moved closer to the child. Other factors that could justify a modification include the child’s changing needs, a parent’s relocation, or repeated violations of the existing order. Courts will not modify an order simply because a parent dislikes the arrangement; there must be a meaningful change affecting the child’s well-being.

Filing a Petition for Modification

To initiate the process, the requesting parent must file a Petition for Modification of an Order of Custody/Visitation in Family Court. The petition should clearly state the requested change and the reasons for it, supported by any available evidence. If the request involves allegations of abuse or neglect, supporting documents such as police reports, medical records, or witness statements may be necessary. If the modification is due to a scheduling conflict or a change in the child’s needs, evidence such as work schedules, school records, or testimony from relevant professionals may help strengthen the case.

Court Hearing and Decision

Once the petition is filed, the court will schedule a hearing where both parents can present their arguments. Each party may submit evidence and call witnesses, including family members, counselors, or professionals who can provide insight into the child’s well-being. The judge will evaluate factors such as the child’s current living situation, any new concerns regarding safety or neglect, the child’s own preferences (if they are old enough to express them), and the overall stability of each home. 

If there are serious concerns about harm, the court will prioritize the child’s safety when making a decision. If the request is based on scheduling or practical issues, the judge will aim to balance both parents’ involvement while ensuring the arrangement remains in the child’s best interests.

Following the Existing Order Until Modification is Approved

Until the court issues a new order, both parents must continue following the current visitation schedule. A parent cannot decide on their own to deny or change visitation, even if they believe the change is necessary. If there is an immediate risk to the child, the parent can request an emergency hearing or a temporary order to suspend visitation, but only the court has the authority to approve such changes. Taking unilateral action can result in legal consequences, including contempt of court or a change in custody arrangements.

After the Modification is Granted or Denied

If the court approves the modification, a new order will be issued detailing the updated visitation schedule or restrictions. The changes may include supervised visitation, adjusted parenting time, or a suspension of visits, depending on the circumstances. Parents should review the order carefully to ensure compliance. If the modification request is denied, the original visitation order remains in place, and both parents must continue following it. In some cases, the court may offer a compromise, such as transitioning from supervised to unsupervised visits over time or setting conditions for future modifications.

Best Practices for Co-Parenting Communication

Effective communication is essential for successful co-parenting, even when one parent has sole custody. Keeping interactions focused on the child’s well-being helps reduce conflicts and makes visitation arrangements smoother. By following best practices, parents can create a more cooperative environment that benefits the child and minimizes stress.

Keep It Child-Focused

All discussions should prioritize the child’s needs, not past relationship issues or personal grievances. Conversations about visitation should stick to factual details, such as pick-up times, locations, and necessary items for the visit. Avoid emotional or accusatory language, as this can escalate tensions.

Be Timely and Punctual

Respecting the visitation schedule by arriving on time for drop-offs and pick-ups helps maintain stability for the child. Consistently being late or canceling visits can cause frustration and may be used as evidence in court. If occasional delays happen, communicating in advance and being patient with reasonable disruptions can prevent unnecessary conflict.

Do Not Speak Negatively About the Other Parent in Front of the Child

Criticizing the other parent can harm the child emotionally and may also be viewed negatively by the court. If the child expresses concerns about the other parent, listen supportively but remain neutral. Encouraging a healthy relationship with both parents helps foster emotional stability.

Have a Detailed Parenting Plan

A structured parenting plan that covers schedules, holidays, medical updates, and school communication can reduce confusion and conflict. Even with sole custody, keeping the other parent informed about major developments, such as new extracurricular activities or doctor appointments, promotes a smoother co-parenting dynamic.

Be Flexible and Fair (Within Reason)

Life circumstances change, and occasional schedule adjustments may be necessary. If the other parent requests a reasonable one-time change, consider accommodating it, especially if it benefits the child. However, consistent last-minute changes or disruptions should be addressed to maintain structure and predictability.

Personalized Legal Guidance from the Law Office of Richard Roman Shum, Esq.

Understanding how sole custody and visitation rights work in New York is essential for making informed decisions that protect both your rights as a parent and your child’s well-being. While sole custody grants primary authority over major decisions, visitation is often determined separately, and failing to follow a court order can have legal consequences. If concerns arise about the safety of visitation or the need for modifications, taking the right legal steps is crucial.

At the Law Office of Richard Roman Shum, Esq., we help parents handle challenging custody and visitation issues with clear, strategic legal support. Whether you need assistance enforcing a visitation order, requesting modifications, or addressing disputes, our firm is here to provide guidance tailored to your specific case. Contact us at (646) 259-3416 to schedule a consultation and take the next steps toward securing the best possible outcome for you and your child.

from Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/if-i-have-sole-custody-do-i-have-to-allow-visitation/