Albany Family Law Blog

An infant has different visitation considerations

Posted by Joanne P. Monagan, Esq. | May 11, 2020 | 0 Comments

New York parents with infant children have a challenge in deciding upon a visitation schedule that works. Of course, the best interests of the child are the most important factor, but both parents have a right to spend time with the infant. When it comes to a very young child, it may take some time to work toward a more extensive visitation schedule.

For an infant, it may make sense to start with short visits and build up from there. Here, the foremost consideration is the needs of the child. The infant may be breastfeeding and need to be with the mother. In any event, it may be unrealistic to expect overnight visits right away. This is something that may be built up to as the child gets older. Courts will not usually order overnight visits until the child is about 3 years old.

At the same time, the infant's needs do not mean that the other parent who is not the primary caregiver should be excluded from the child's life. The parents should find a solution that allows both parents to see the child, and breastfeeding should not be used as a means to exclude the other parent. There are numerous ways to allow the father to see the infant during this time that the parents should explore. Eventually, parental access should expand.

family law attorney may help their client negotiate a schedule that governs visitation for an infant child. Each parent must be allowed to spend some time with the child in nearly all circumstances. If one parent is having trouble getting access to the infant, an attorney may assist them with taking the matter to court to get their visitation. The hope is that the involvement of an attorney may help the family reach the right resolution if they were previously having conflict.

About the Author

Joanne P. Monagan, Esq.

Managing Attorney


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