Queens Child Visitation Lawyers
Navigating the complexities of child custody and visitation in Queens Family Court can be a daunting task, especially during a divorce. However, it is essential for parents to understand their legal rights and the factors that come into play when determining the best interests of a child.
At the heart of child custody and visitation in New York is the best interest of a child standard. This standard requires the court to closely examine the unique facts and circumstances of each case, including the emotional, physical, and mental health of the parties, as well as the living situations of both parents and the parent who historically provided primary care for the child.
But even when parents reach an agreement on their own, the best interests of the child standard still applies. Unfortunately, children are all too often used as pawns in the midst of a divorce, leading to decisions that do not truly serve their best interests.
With the focus shifting towards parenting time, rather than mere visitation, it is crucial for noncustodial parents to have a meaningful and ongoing relationship with their child. However, enforcing visitation orders can be a challenge, and when one parent fails to follow the terms of an existing order, the other parent can seek judicial intervention.
In certain cases, the court may order supervised visitation for the noncustodial parent, such as when the parent is recovering from substance abuse or addiction. This supervision can be provided by a court-appointed supervisor or a designated family member.
If you are facing child custody and visitation issues in Queens Family Court, it’s important to consult with a qualified child visitation attorney. Many offer initial consultations at no charge, so take the first step in protecting your rights and the best interests of your child.
Understanding Your Legal Rights with Queens Child Visitation Lawyers
If you are heading towards Queens Family Court for a divorce case, and you have children, child custody and visitation are likely to be major issues in your case. Consequently, it is important that you understand the basics of the law associated wit issues like child visitation.
Child Visitation in New York
A number of factors come into play when considering issues pertaining to child custody and visitation in New York. First and foremost, when it comes to addressing child custody and visitation in New York, a court must utilize the best interests of a child standard.
The best interest of a child standard requires the Queens Family Court to close examine the unique facts and circumstances of a case when making determinations regarding child custody and visitation. These factors can include the overall emotional, physical, and mental health of the parties. The court is also likely to consider which parent historically provided primary care for a child. In addition, the court may examine the living situation of the parents. In other words, the court will examine the living situation of both the residence where the child primarily will live as well as the residence where visitation will be exercised.
Even if the parents reach an agreement regarding custody and visitation, the best interests of a child standard still comes into play. While there is a presumption that parents make decisions in the best interests of a child, that is not always the case. In the heat of a moment in the midst of a divorce case, parents may make decisions that really do not serve the best interests of a child or children. For example, time and again children are used as something like pawns in their parents’ divorce case.
Parenting Time in the 21st Century
In considering visitation in New York, the focus is on the concept of parenting time. Parenting time is a movement away from the terminology and concept of visitation. Children and noncustodial parents should not be relegated to being mere visitors in each other’s lives.
Enforcing Visitation Order
Unfortunately, with shocking regularity, visitation orders in Queens and elsewhere in New York are not followed. One parent or another violates terms of an outstanding visitation order.
When it this happen, a parent can return to court to obtain an order to enforce a visitation order. For example, if the custodial
parent fails to make the child available for visitation, the noncustodial parent can seek judicial intervention.
On the other hand, if the noncustodial parent fails to return a child at the proper time, according to the visitation schedule, the custodial parent can go to court. If a parent continues to violate the visitation order, a judge can impose serious sanctions. A court can change custody of a minor child if the custodial parent persistently interferes with visitation. A court can limit or suspend visitation if the noncustodial parent fails to follow the parameters of a visitation order.
Supervised Visitation
There can be limited circumstances in which a court might order supervised visitation in a divorce or paternity case. For example, if the noncustodial parent is recovering from the abuse or addiction to mind altering substances, supervised visitation may be required by the court for a period of time. Supervision can be provided in a number of different ways. A court appointed supervisor can be used. In the alternative, a family member can be designated to supervise.
Begin the process of retaining a lawyer by scheduling an initial consultation. There typically is no charge for an initial consultation with a Queens child visitation attorney.
Queens Child Visitation Lawyers
If you and your family are on the road to Queens Family Court for a divorce case involving any minor children, it is important that you have a firm grasp of the legal rights associated with issues such as child custody and visitation. In New York, matters pertaining to child custody and visitation must align with what is known as the best interests of a child standard, meaning that all particulars of the situation must be considered. This includes the physical, emotional, and mental health of both parties, which parent has typically borne primary care for the child, and the living arrangements of the parents involved. Even if the parents have agreed upon a visitation schedule of their own accord, the court‘s standard still applies. It is also noteworthy that today‘s approach to addressing visitation in New York is guided by the concept of parenting time rather than simply visiting. Noncustodial parents should not simply be invited as visitors to their child‘s life; they should be a meaningful and responsible part of it. Unfortunately, it is increasingly common for visitation orders to not only be disregarded, but outright violated. When this happens, the appropriate recourse may be to seek the intervention of the court. Depending on the seriousness of the breach of order, it may result in changes to the custody arrangement or sanctions like the limitation or suspension of visitation period. Supervised visitation might also be required in limited circumstances, for instance if the noncustodial parent is undergoing recovery from drug or alcohol abuse. The act of supervision could be delegated to either a court–appointed supervisor or a family member. If you would like to ensure that the legal rights of your minors and yourself are upheld, don‘t hesitate to book an initial consultation with a Queens child visitation lawyer, which typically comes free of charge. With the help of a qualified legal representative, you can rest assured that your rights will be fairly weighed and respected in the courtroom.