In the state of New York, what historically was called visitation is now technically known as parenting time. The concept or theory behind the change from visitation to parenting is the idea that a parent should never be relegated to the status of being a mere visitor in the life of his or her child.
If you face issues regarding your children in a divorce, paternity, or post-divorce matter, you need to understand you basic rights. You best accomplish this, and protect those interests, by engaging the services of an experienced Queens visitation lawyer.
Standard for Custody and Visitation in New York
The state of New York utilizes what is called the best interest of the child standard when it comes to custody issues. This standard requires that the best interests of the child are the focus of making a decision regarding both child custody and visitation.
In considering the best interests of a child, the court considers a variety of factors. Factors considered at unique to each specific case. With that noted, examples of factors include the overall mental, emotional, and physical health of the parties. The court will also consider factors that include the residential situation of the parents, the preference of the child, and which party provided primary care for a child historically.
In New York, a non-custodial parent is to have reasonable and regular parenting time with his or her child. The amount of time allocated to visitation takes into consideration a variety of factors. These include the proximity of the non-custodial parent to the child as well as that minor’s age.
Parents can agree to a change in a visitation schedule, either on a temporary basis or permanently. If a permanent agreement is reached between the parties, they need to go back to court to have the amended parenting time schedule approved and made a part of the standing order of the court.
If one parent wants a change in visitation, and that desire is contested by the other parent, the court makes a determination. The court will consider a number of factors in reaching a determination about whether a parenting time schedule should be altered. As when a visitation order was issued in the first instance, the court will consider the best interests of the child.
The court will also address whether there has been a significant or material change of circumstances that warrants an alteration in the visitation order. New York public policy desires for a child to have stability when parents are divorcing or have divorced. As a result, a parenting time order cannot be changed on a whim and for no solid reason.
Retain a Queens Visitation Lawyer
The initial consultation is the first step in engaging the professional services of a Queens visitation attorney. During this meeting, you are provided an overview and evaluation of your case. The attorney will provide suggestions on strategies that might be used to assist you in achieving your goals and objectives as far as parenting time is concerned. As a general rule, you will not be charged an attorney fee for an initial consultation in a parenting time case.