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Long Island Child Visitation Lawyer

Visitation is awarded to the parent who does not have custody of his or her children. This may occur after a divorce or legal separation, wherein one parent has custody of the child and the non-custodial parent wishes to spend time with the child or children. Typically, a visitation schedule will be agreed upon in order to standardize the time that the non-custodial parent will be able to spend with the children. If you’re seeking visitation rights or are facing other child custody issues, please don’t hesitate to contact a seasoned Long Island family lawyer from the Law Offices of Jay D. Raxenberg P.C. today.

Child Visitation Lawyer Serving Nassau & Suffolk Counties

Here at the Law Offices of Jay D. Raxenberg P.C., we understand that arranging child custody and visitation may be difficult. After all, we’re talking about your child’s upbringing and future. The visitation arrangement will directly impact your child emotionally and will also affect you as a parent.

Whether you are a mother or a father seeking visitation rights, are the custodial parent, and need to address a situation where the non-custodial parent wants visitation rights, or if you are interested in a modification of an existing visitation arrangement, our legal team is here to help. We have over two decades of experience representing clients facing all types of custody-related issues, and we stand ready to put that experience to work for you.

How Visitation Agreements are Created in New York

Visitation agreements in New York can be created through various methods, with the ultimate goal of establishing a fair arrangement that prioritizes the well-being of the child. The process typically begins with negotiation and collaboration between the parents but can also involve more formal legal intervention if necessary.

Negotiated Visitation Agreements (Out of Court)

In many cases, parents may find it preferable to agree upon a visitation schedule outside of court. This process often involves open communication and negotiation, sometimes facilitated by their respective attorneys.

During this negotiation, both parties and their attorneys commit to resolving visitation and custody issues without going to court. This process emphasizes problem-solving and maintaining a respectful co-parenting relationship.

Reaching an agreement outside of court not only saves time and money but also provides both parents with a greater sense of control over the final visitation plan. Once an agreement is reached, it can be submitted to the court for approval to ensure that it meets all legal standards and is enforceable.

Court-Ordered Visitation Schedules (In Court)

If parents cannot agree on a visitation arrangement through negotiation, they may need to resolve the matter in family court. This often occurs in contested divorce or custody cases where one or both parties have significant disagreements regarding visitation terms.

In court, a judge will determine the visitation schedule based on the best interests of the child. This standard is paramount in all custody and visitation cases and encompasses factors such as the child’s age, the emotional bond with each parent, the stability of each parent’s living situation, and the child’s overall needs. A breakdown of factors considered is as follows:

  • Best Interests of the Child Standard: When applying this standard, the court will carefully evaluate several aspects:
  • Parental Involvement: The judge considers each parent’s past involvement in the child’s life, their ability to provide emotional support, and whether they have consistently acted in the child’s best interests.
  • Home Environment: The safety and suitability of each parent’s home environment are assessed to ensure the child will have a secure and nurturing space during visitation.
  • Parental Conduct: Any history of substance abuse, domestic violence, or neglect can significantly impact a parent’s visitation rights. The court’s primary focus is to ensure the child is not put in a harmful situation.
  • Child’s Preference: In some cases, particularly when the child is of a mature age, the judge may consider the child’s preferences. However, the court retains discretion and will prioritize the child’s welfare above all else.

Types of Visitation Arrangements

The court can award several forms of visitation, depending on the circumstances and what is deemed most suitable for the child’s needs:

  • Scheduled Visitation: This is the most common type, providing a structured plan with specific days, times, and arrangements for holidays and vacations. This arrangement helps minimize conflict by setting clear expectations.
  • Reasonable Visitation: This arrangement offers more flexibility, allowing parents to work out a schedule based on mutual agreement. However, it requires a high degree of cooperation and communication.
  • Supervised Visitation: If the court has concerns about the child’s safety or the non-custodial parent’s behavior, visitation may be supervised by another adult or professional. This is often implemented in cases where there is a history of abuse, substance misuse, or other risks to the child’s well-being.
  • Virtual Visitation: With advances in technology, courts may allow virtual visitation, such as video calls, to supplement in-person visits. This is particularly useful when a parent lives far away or cannot be physically present frequently.

Enforcement of Visitation Orders

If one parent does not adhere to the visitation schedule, the other parent can seek enforcement through the court. Non-compliance can result in legal consequences, including fines or changes to the custody arrangement.

If you are facing challenges related to enforcing or modifying a visitation order, having a knowledgeable attorney by your side is crucial to ensure your rights—and those of your child—are fully protected.

Contact a Nassau County Child Visitation Lawyer

If you have additional questions about child visitation or would like assistance establishing a visitation schedule, please don’t hesitate to contact a knowledgeable and compassionate family lawyer from the Law Offices of Jay D. Raxenberg P.C. today. All initial consultations are free.

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