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Child Custody and Visitation in the Bronx
According to New York law, custody is when a caregiver has authority to make decision in regards to a child’s care. There are two types of custody, which are sole custody and joint custody.
Sole custody is when one parent has the sole authority to make decision about the child’s care and well-being. A noncustodial parent does have the legal right to gain access to medical or educational information, but the noncustodial parent does not have the authority to make decisions about the child’s care.
Joint custody is when both parents share the responsibility making decisions about the child’s care. It is important to note that with joint custody, parents must be able to communicate well with each other, such as keeping each other informed about educational and medical decisions. Parents must be willing to work together and listen to each other’s views. If parents don’t communicate well, joint custody could be difficult.
In New York, courts describe the custodial parent’s residence as the primary placement of the child. The noncustodial parent is the child’s secondary placement (visitation). The court will set a visitation schedule that meets the needs of both parents, or parents can also establish a visitation schedule between themselves.
Who is Allowed Visitation in New York?
In New York, parents, siblings, and grandparents may request visitation. It is upon the discretion of the court to determine if visitation is in the best interest of the child. Unless parents display behavior that is harmful to their children, they will receive frequent and meaningful visitation.
How Does an Individual ask the Court for Visitation?
Anyone can file a petition for visitation in Family Court. A parent must identify the other parent on the form and explain the reasons he or she should be granted visitation. Both parents have the right to an attorney during a visitation petition, which is why those in the process of seeking visitation should seek help from an experienced attorney serving the Bronx area.
During a divorce, a parent can also ask for visitation in Supreme Court. When a divorce is pending, any petitions that are pending will be transferred from Family Court to Supreme Court.
There may also be an attorney, which is assigned to the child by Family Court, to tell the court what the child wants. During this process, the assigned attorney will meet with the child several times and maybe the parents.
During a court appearance, parents will have the chance to come to a visitation agreement. If both parents come to a visitation agreement, the court will issue the order to be finalized. When parents are not able to come to a visitation agreement, the case will have to go to trial.
When a parent fails to appear in court, a warrant could be issued for the individual’s arrest, or a default order could be issued from the court.
Can Visitation be Amended?
If a parent wants to change visitation, he or she can file a petition in Family Court. The parent who files the petition must prove there are changes, which occurred since the time of the last order, and it is in the best interest of the child to change visitation schedules. If a parent wishes to amend visitation, it is best to seek guidance from a family law attorney. There are times when parents are not in agreement when it comes to changing visitation. An experienced family law attorney can ensure their clients rights are protected and increase the chances of a positive outcome.