Child visitation rights are some of the most acrimonious decisions that are made during a divorce. The care of minor children is always of primary importance to parents and this portion of the divorce usually takes longer to decide than asset dissolution. An attorney is there to help you prepare a visitation agreement that meets the needs and best interests of the child.
When one parent is awarded through the courts the sole custody of his or her child or children, the noncustodial parent will (in most cases) be awarded child visitation rights to the children. There are exceptions to this, of course. The courts will withhold visitation rights when evidence of abuse or neglect or other evidence that would influence the court to believe that it is in the best interest of the child to not be in the company of his or her parent. Many times the court will withhold visitation to parents who have shown signs of mental instability, abuse, drug or alcohol addiction or a propensity to abuse orders and directives of the court. Our attorneys try always to take into consideration the best interest of the child when making appeals to the court. If we have reason to believe that a minor child may be in danger, mental or physical, we will press hard to limit visitation until such time as the situation changes.
Child visitation attorneys are always busy in New York
In some cases, child visitation is granted to grandparents of minor children when a parent or guardian denies their visitation and the court sees this as unhealthy for the children.
Child Visitation Rights: Court Decisions
It is not necessary to have a court award child visitation rights if the parents can come to an agreement prior to proceedings. Child visitation rights can be settled out of court and cemented in a custody and visitation agreement. However, should amicable discussion break down visitation in NY can be determined by the court and solidified in a custody and visitation order. We believe that it is important for the sake of the children to at least make an effort to come to a custody and child visitation NYC plan without the force of the court. It creates a more harmonious and happy outcome for the children involved.
When going to family court for assistance in custody disputes when the court is able to see that the parents of the minor child or children are working well together and cooperative then the child visitation New York schedule will be loosely defined so that the parents may work out the visitation according to their schedules and location. When the parents are unable to work out an amicable agreement the courts will draft a detailed New York visitation plan with all visitation days and frequency clearly defined so that there is no doubt of visitation privilege or lack thereof. It will include frequency, days of the week, pick up and return times, which holidays each parent gets, vacation days, where they children may or may not travel, etc.
The wishes of minor children whenever possible are taken into consideration in all custody and visitation issues. The court will make every effort to work with the wishes of the child, but ultimately the best interest of the child will be put forward as there maybe influence over the child’s wishes or decision by the defacto custodial parent. As the child matures in age, the courts will place a greater emphasis on what the child wants.
New York Visitation Lawyers Will Protect Your Rights
One of the more common and difficult issues that all child visitation lawyers must face, either controlling their client or fighting against the opposing side, is when parents use the children as a means of getting back at their spouse. We don’t believe that this type of behavior is acceptable and we do our best to try and stem the tide of bitterness that sometimes comes with “fault” divorces. We see all too often parents who will be late for pick up or drop offs or the custodial parent finding an excuse for visitation to be postponed. When children are denied the ability to visit and the parent the ability to see their child child support is usually effected adversely. The courts do not see payment withholding as valid even when visitation is denied. The courts will, however, child visitation modification or enforcement mechanisms to correct situations that have become problematic. Our NYC family lawyers try to resolve these issues with our client before it reaches the point where a court order becomes necessary by reaching out to the other parent, but when violations are habitual we work hard for our client and the best interests of their children.
When necessary, your attorney working on visit rights to your child will go through the courts to seek redress for violations of court orders for engender modifications and changes in orders of both temporary and permanent nature. We will in extreme cases work to secure supervised visitation. The court requires evidence that is clear and factual before amending a previous order. Reasons for changes or modifications include change of circumstance, violation or disregard for previous orders, allegations of abuse or neglect, and parental abandonment. When the court is presented with evidence of adverse effects on the life or health of the child, it will act with the best interests of the child in mind. We routinely work with the courts to have orders modified, always choosing the temporary option when possible as most children are well aware of the situation and continue to hold both parents in high regard. Child visitation changes should not be created without their feelings taken into consideration.
Visitation may have stipulations in regards to grandparents or other individuals that may come into the life of the child. Many times grandparents will petition the courts for visitation and it must be written into the custody agreements.
