If you are the noncustodial parent of a child in New York and have visitation rights with your child, it is important that you know your rights. It is also important that you understand how the courts will decide whether or not you can maintain those rights. Consulting with a visitation rights lawyer can help clarify these legalities. In this article, we will discuss how a court makes custody and visitation decisions as well as how those decisions can be challenged by a noncustodial parent.
Generally, Family Court judges will create a parenting time schedule that reflects the best interests of the child. Often, this will involve the child primarily residing with one parent and having visitation with the other. The frequency of these visits will vary depending on the child’s age, the needs of the parents, and other factors. A visitation rights lawyer can help to negotiate these details. Unless there are exceptional circumstances that would be harmful to the child, it is generally in the best interests of the child to have frequent and regular contact with both parents.
When determining what is in the best interest of the child, the Court will look at all the facts of your situation. For example, the Court will look at how available you are to spend time with your child as well as what kind of home environment you provide for the child. The Court will usually learn about your home environment through a court-ordered investigation of your house conducted by the Administration for Children’s Services or the City’s Child Protective Services agency. In such cases, a visitation rights lawyer can help ensure your rights and interests are upheld.
As a general rule, the Court will try to give you at least every other weekend and maybe a dinner visit during the week with your child. However, as your child grows older you may be able to argue for more time with your child. A visitation rights lawyer can help you build a compelling case for this. During these discussions, the Court will also consider your ability to have a meaningful and nurturing relationship with your child as well as your other obligations in life.
It is very rare that the Court will award final decision making to a noncustodial parent. However, the Court will sometimes grant decision making authority on certain issues such as religion and citizenship if the parents are highly antagonistic and unable to agree on these issues. A visitation rights lawyer can help navigate these complex situations.
In cases where the custodial parent violates the custody and visitation order, it is often necessary to take legal action to enforce those rights. This is typically done by filing a petition in the Court with the assistance of an experienced New York Family Lawyer, ideally a visitation rights lawyer. There are a number of different actions that can be taken to remedy a violation of custody or visitation orders including supervised visits and therapeutic supervised visits.
The Noncustodial Parent's Right to See Their Child is a very important issue in divorce and family law proceedings. If you have questions about custody and visitation issues, contact a New York visitation rights lawyer.
If you’re involved in a custody battle and have concerns about the safety of your child when he spends time with his noncustodial parent, or you know that his noncustodial parent is being abusive emotionally or physically to him, you can request supervised visitation with the help of a visitation rights lawyer. The Family Court in your county has clerks who can assist you, or a visitation rights lawyer can provide additional legal support. If a judge approves supervised visitation, a neutral third party will supervise your child and noncustodial parent or caregiver.
In New York, judges consider the physical, emotional, and mental health of children as well as parental rights when determining custody and visitation arrangements. Even if a judge determines that the noncustodial parent is unfit to be with their child, he or she may still have visitation rights. This is where a visitation rights lawyer can help clarify any legal complexities. In some cases, however, the courts will limit these visits or require them to be supervised. The reasons for doing so can vary from domestic violence to a history of drug abuse to a lack of stability in the child’s life.
Supervised visitation can take many forms and may include a designated time, place, or duration for the visits. The supervisor might be a representative from a social service agency or someone the parents agree to work with. In therapeutic supervised visitation programs, the supervisor is also a mental health professional who works to improve the parent-child relationship and teach parenting skills during these sessions. A visitation rights lawyer can guide you through this process, ensuring your concerns are addressed.
During supervised visitation, the neutral supervisor will watch both parties closely for any signs of abuse or neglect and will pay close attention to the parents’ conversation and body language. If the supervisor feels that either parent is not safe to be alone with their child, they will interrupt or end the visit. A visitation rights lawyer can assist in such situations, helping protect your child's interests. They may also provide referrals to different support services like counseling, family assistance programs, or food pantries.
The noncustodial parent must have a court hearing before the judge can order supervised visits and they must be given advance notice. They have the right to have their visitation rights lawyer present during this hearing, and they can argue that unsupervised visits are in their child’s best interest. They can also challenge the findings of the social worker who recommended supervised visitation.
When a judge approves supervised visitation, the court will set a schedule for the supervised visits and will name the supervisor who will oversee each one. They can be a representative from a social services agency or someone the parents mutually agree on, and the judge will thoroughly investigate them, including running a background check. During this process, a visitation rights lawyer can offer crucial legal advice.
If you’re fighting for custody of your child, you must be prepared to prove that extraordinary circumstances exist in your case and will be in your child’s best interests. Whether those circumstances involve domestic violence or any other risk factor, a visitation rights lawyer can help you request supervised visitation to ensure your child’s safety.
It is often difficult to navigate the complexities of New York child custody law. Whether you are a custodial parent struggling with a noncustodial parent refusing visitation or a relative seeking grandchild visitation rights, it is important to have a firm grasp of the law as it applies in your situation. This is where the expertise of a visitation rights lawyer can be invaluable. While reading through statutes and case law is important, it can be equally useful to have an explanation of the law in a more general sense from a visitation rights lawyer. This article will outline the general rules for visitation and some of the more specific consequences of violating visitation laws in New York.
A custodial parent may not stop a noncustodial parent from seeing their children unless there is an order of the court that stops them. It is illegal for a parent to refuse visitation rights unless the court has determined that it would be harmful to the child in some way. In fact, it is very rare for a custodial parent to deny a visitation unless there are very specific and very serious reasons that justify doing so. A visitation rights lawyer can help navigate such challenging scenarios.
In some cases, if the Court believes that the alleged violation is so severe and consistent that it cannot be corrected with a change of custody, the Court will rule that future maintenance or alimony payments will be suspended. This is a penalty reserved for very serious violations and is not commonly applied. A visitation rights lawyer can assist in understanding and possibly avoiding such severe penalties.
Regardless of the circumstances, it is always a good idea to seek out the advice of a New York visitation rights lawyer who can assist you with your particular case. It is highly likely that you will have more success in resolving your visitation dispute with the help of an experienced attorney than trying to deal with it on your own. Contact me for a free consultation to discuss your case. I, as a visitation rights lawyer, look forward to hearing from you.
Juan Luciano Divorce Lawyer - Manhattan
347 5th Ave #1003, New York, NY 10016, United States
(212) 537-5859