Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.
Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.
Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.
Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.
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Last Updated on: 28th July 2023, 07:15 pm
Queens Divorce Case Child Visitation Basics
Divorce cases in Queens Family Court often include child custody and visitation. Thus, child visitation legislation is crucial. New York child custody and visitation depend on many situations. First, the best interests of the children criterion requires courts to carefully examine each case’s unique circumstances and facts.
The mental, physical, and emotional health of both parents may affect child custody and visitation. Historically confident parents should also take care of their kids. The court may also examine each parent’s living circumstances (main caregiver’s home and visitation places). Even if parents agree on custody and access, the best interests of the kid test applies.
During contentious divorces, parents frequently utilize children as “tools” or “one-upmanship” tactics. If this happens, legal consequences usually follow.
Visitation vs. Parenting
Even in New York, legal terminology are evolving from “visitation” to “parenting time,” placing greater emphasis on non-custodial parents’ quality parenting time. Non-residential family members should not be considered guests, hence this semantic change occurred.
The custodial parent fails to make children available to the non-custodial parent during crucial visitation hours.However, non-custodial parents not returning children on time might be a problem.
If either parent breaches the Visitation Schedule, they may seek court intervention. For persistent custodial violators, courts may impose serious sanctions, such as custody changes that give a noncustodial parent more rights, or limit/suspend visits.
In divorce or paternity situations involving parental addiction rehabilitation or abuse history, courts may order supervised visit filings. Non-custodial parents may seek supervision by court-appointed supervisors.
Queens Child Visitation Attorneys
Setting up initial consultations with Queens-based child-visitation attorneys is usually the first step. Lawyers usually give free consultations.
Child custody and visitation factors
Family law courts use various variables when determining child custody in divorce situations. Key influences include:
1) Mental and Physical Health Status: A family court judge will evaluate each party’s physical and mental health before ruling.
2) Child’s age: Younger children generally need parental care all day, therefore this element affects how important this custody choice is.
3) Parent-Child Relationship: Family Court Judges consider family relations before deciding custody/principle caregiver options during settlement discussions.
4) Parental ability: If one spouse has traditionally provided main care for their children but cannot now owing to unemployment or drug addiction, courts must decide who gets custody.
5) Geographic location: The residential parent usually provides school and good interactions with family and friends, therefore geography is important in custody rulings.
Child custody and visitation factors
| Section Header | Description | | — | — | | Mental Status | A judge will assess each party’s mental health to decide custodial parenthood. Before awarding custody, the court considers parties’ physical health.Child’s Age Younger children need more parental care, therefore courts may favor the adult who can offer it.Judges preferentially assign custody or visiting rights depending on how well a kid has evolved with either or both parents while considering their interests.Parenting Skills If one parent supplied primary childcare but cannot do so owing to unemployment, medical troubles, addiction, etc., the child’s future living circumstances become a topic for court intervention. | | Geographic Location | Children’s schedules (school attendance), social contact possibilities, and other factors determine where kids should live.
Supportive versus Suspicious Visits
Supportive or “Supervised” visitation refers to situations when independent requirements in ordinary orders demand monitored visits instead of unsupervised encounters indicated by other court decisions.
This occurs when there is reasonable worry that structured access may threaten the child’s welfare or safety. Spousal abuse/violence and other parental failings frequently cause these situations.
Unsuspicious visits are permitted. Divorced spouses may co-parent even after separation or divorce litigation.
Reasonable Visitation Request
Similar to custody issues, a parent petitioning for visitation rights must show how it serves their child’s best interests (Minassian v Minassian, 81 AD3d 878 [2nd Dept. 2011]).
Family law courts’ conclusions rely mostly on those seeking custody/visitation. Thus, prioritizing personal/professional development over decision-making is crucial.
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