Through the remedy of court-ordered visitation, non-custodial parent, grandparents and even others can enjoy important contact and relationship with children. The extent of the right depends upon a number of factors that include your relationship to the children and circumstances that shape whether visitation is suitable. With the assistance of one of our NYC child visitation lawyers, you can text jobs to stay in your children’s lives even if you don’t have custody of them.
Who May Request Visitation?
In a custody dispute, the party who does not get custody can ask for visitation.
New York law does not limit visitation rights to just the natural parents. Under Section 72 of the Domestic Relations Law, grandparents can request visitation rights if a parent has died or if there are circumstances which would make it equitable for the grandparents to have visitation rights. However, granting visitation rights to a grandparent or someone else who is not the natural parent may interfere with the parents’ general right to determine who visits the children or otherwise make decisions regarding the children. Courts will give considerable weight to the parents preferences on visitation.
If you are a grandparent, brother or sister or other family member, speak with one of our NYC visitation lawyers to determine and pursue your rights to visitation. Often, the Family Court will entertain visitation along with determining custody. You may also opt to request visitation in a preceding separate from the custody one.
In the visitation hearing, you will need to prove generally that visitation is in the best interest of the child. If you are a parent, the court generally, but not always, will grant reasonably generous visitation rights. This is because the court encourages parents to have involvement in their children’s lives.
What Are the Factors in Awarding Visitation
Although we’ll speak more of the arrangements for visitation below, suffice it to say that the environment for the visitation will prove important in matters such as whether visitation will be supervised. Our NYC child visitation lawyers will help you gather information about the surroundings in which the visitation will take place. Some of these factors include the presence of alcohol, drugs, weapons and other unsafe conditions in the applicant’s home; and whether there are concerns for one parent or someone seeking visitation to take the child. A history of criminal or irresponsible behavior might call for supervised visits in a public location or, if the misconduct is serious, denial of visitation altogether.
For supervised visits, a judge may order a mental health professional or some neutral observer to be present. In the former type of supervision, the professional offers parenting skills to the parent to help with interactions. Having someone to oversee the visitation can help avoid disputes or credible accusations of acting disorderly or otherwise improperly toward the children.
What are the Terms of a Visitation Order?
In crafting a visitation order, the Family Court judge will address scheduling visits around the birthdays of the parents and children, holidays and weekends. The parties can mediate many of these details and avoid disputes. In some cases, the parties may even agree to visitation for extended vacation times.
A mediation or even a visitation hearing is a good time to address any concerns you may have about the environment in which your child will visit. Aside from supervision, you might persuade the other party or a court to restrict overnight guests who are not related or married to the person having visitation. For either safety or convenience, you can designate a specific drop off location.
How to Get and Enforce Visitation Rights
Our NYC child visitation attorneys will guide you in the process of seeking visitation. If you are a parent, you will seek it usually as an alternative if you are not awarded full or physical custody. If you are not a parent, you will need to either file a petition or intervene, that is make yourself a party, to the underlying custody lawsuit.
As a result of the mediation or hearing, the Family Court judge will enter a visitation order. Having an NYC child visitation lawyer can prove valuable if the opposing party attempts to interfere with your exercise of visitation under a court order. To respond to denial of visitation, a court can hold the offending party in contempt of court. This can lead to jail time for the offender.
Our legal services also include counseling and pursuing on your behalf on changes to the visitation and even custody order. Courts can modify the arrangement based upon substantial changes in circumstances. Sample situations may include the move of a parent (especially for long distance), the age of the child and progress in parenting education and other counseling that reduces or eliminates the need for supervision. the conviction of the visiting parent, especially for serious crime impact that parents freedom and access to the child.