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Last Updated on: 11th October 2023, 06:40 pm
Arriving at a child custody agreement during a divorce can lead to complicated issues. Making the child abide by the deal is also not easy. Many things come to play in the pursuit of breaking the deadlock. Among them, Mediation between the parents or considering a child’s preference when settling the dispute. However, the judge makes the final decision on the matter. The judge weighs various factors and decides on which parent deserves custody over the kid and the amount of visitation time allocated to the other parent.
Child visitation law is a part of the family law, which in the case of a divorce, deals with protecting the non-custodial parents’ right to spend time with their kids. Visitation rights enable the child to live with the parent who does not have custody, for a scheduled period.
Several factors are considered when a judge is ruling on child visitation, to protect the best interest of the child. The parents work schedule is crucial when deciding on visitation. A parent might be forced to make changes to their work schedule during their visitation period with the child. The parents’ home geographic proximity may be looked upon when deciding on visitation. For example, a non-custodial parent who lives far away from the custodial parent may not be granted child visitation during weekdays due to long distances to the kid’s school. A child’s relationship with both parents may influence the decision. Also, age may influence the judge’s willingness to factor in a child’s preference.
Establishment of Visitation Rights
In the case of an ongoing family law case, it is the non-custodial parent who files a motion for visitation in the existing family law case. Upon agreement by both parents, the judge signs the order and the parent receiving visitation starts paying child support if they were not. When there is no ongoing family law case in court, the parent looking for visitation must initiate the lawsuit. Also, they must provide evidence of satisfying child support payments.
Changing circumstances such as relocation of either parent or a child’s request to spend more time with either parent may trigger a modification to the visitation order. The parent filing for modification motion must provide sufficient evidence to prove a change in circumstances since the signing the visitation order.
Legal implications about Visitation Law
Visitation law, just like any other law carries its implication in case one party defaults the order. Disagreements may arise about visitation between the parents. In this case, an attorney’s task is to convince the court to consider their client’s point of view and do right by the child.
The degree of parents’ cooperation largely affects child visitation. Gross violation of the order such as refusal to pay custody may lead a parent denial of their visitation rights. It is therefore advisable to seek a child visitation lawyer’s professional services in case of disputes concerning child visitation. Being one of New York’s oldest and most respected law firms, Spodek Law Group boasts a team of top rated divorce lawyers whose passion is to assist you to protect your rights and help you preserve your family’s integrity. The firm has offices in Queens, Suffolk and all over New York.
Visitation law is a crucial aspect of family law. It helps protect a parent’s right to spend time with their kid while preserving a child’s need to live with both parents. Despite broken marriages, visitation law ensures that parents who are denied custody over their children get to play an active part in their lives and growth , as long as they abide the provided child visitation court order.
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