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