When can visitation rights be granted to a non-custodial parent?

Visitation rights for a non-custodial parent are granted primarily based on the principle of the child's best interests. In family law, the welfare and emotional well-being of the child are paramount considerations. Courts recognize that maintaining a relationship with both parents can be beneficial for a child's development unless there are exceptional circumstances that suggest otherwise.

This principle is grounded in New York law, where the court typically evaluates various factors, including the child's relationship with each parent, the parents' ability to cooperate, and any potential impact on the child’s emotional or physical health. The goal is to ensure that the arrangements serve the child's emotional, psychological, and developmental needs.

The other choices do not accurately reflect the legal standards or processes involved in determining visitation rights. For instance, while the custodial parent's agreement is beneficial for informal arrangements, it is not a prerequisite for a court to establish visitation rights. Similarly, specific visitation schedules for holidays and vacations may be part of an arrangement but do not define the overarching principle that visitation must align with the child's best interests. Lastly, stating that visitation rights cannot be granted contradicts the established understanding that non-custodial parents generally retain rights unless there are significant concerns about the child's safety or welfare.