Visitation or parenting time represents a key component of divorce cases involving child custody issues. Generally speaking, a parent who does not receive primary residential custody is entitled to have reasonable and regular visitation or parenting time with his or her child.
If you are heading into a divorce case, you must understand the essential laws as they pertain to visitation issues. Similarly, if you have post-divorce issues regarding visitation, you need to understand the law. In addition, no matter the specific reasons you face visitation issues, you must appreciate who you need to do to best protect your legal rights and interests.
Standard for Visitation Orders in New York
In the state of New York, visitation determinations are made based on what is in the best interests of a child. A court considers a variety of factors when making a determination on a visitation arrangement.
Included among the elements considered by a court in a visitation case is the overall emotional, physical, and mental health of the parents and the child. Another issue is the existing living situation of the parents, with a focus on where the noncustodial parent will have visitation with the child.
The Concept of Parenting Time
In recent years, the concept of parenting time has supplanted the traditional term “visitation” in many instances. Parenting time is preferred because a noncustodial parent should not be relegated to the role of being a visitor in the life or his or her child.
Once a visitation order is put into effect, the day may come when it becomes necessary for a parent to enforce an existing parenting time order. The most common type of enforcement situation is when the custodial parent interferes with the noncustodial parent’s visitation time. The custodial parent withholds visitation from the custodial parent.
When a situation like this occurs, the noncustodial parent files a motion to enforce visitation order with the court that issued the order in the first instance. The court will consider evidence presented regarding visitation interference.
In addition to enforcing a visitation order, the court may sanction the parent that interfered with the visitation of the other party. Sanctions can include a monetary penalty or an assessment of the attorney fees accumulated by the party that needed to file a motion to enforce.
The court can take serious action if a parent continues to interfere with or violate a visitation order. In the worst case scenario, a court could order a change of custody.
Change Custody Order
The time may come when you desire to alter a visitation arrangement. If you are the other parent agree to the change, you can prepare an agreement. The agreement is then submitted to the court for approval. Once approved, the agreement is incorporated into an order from the court itself. The provisions of the agreement end up having the full force of a court order.
If you cannot reach an agreement, you have the right to file a motion to change the visitation arrangement. The court will conduct a hearing and issue an order either approving or denying the requested change.
Retain a queens Visitation Lawyer
You should take a proactive approach when it comes to hiring a qualified, experienced Queens visitation lawyer. The first step in hiring a lawyer is scheduling an initial consultation.
At an initial consultation, legal counsel will provide you with a thorough evaluation of your case. In addition, you will be able to raise any questions you may have about your case. As a matter of practice in New York, a Queens visitation lawyer charges no fee for an initial consultation with a prospective client.