The Welfare of your Children Counts
As you and the divorced partner battle over the division of marital assets and liabilities, remember the unique requirements of your children. The primary need of children is the provision of love by the two parents and the continuation of a special relationship with both dad and mum. The divorce legal strategy of the parents should involve a child visitation solution.
Filing an Order of Visitation
Manhattan child visitation lawyers can help the parent seeking the visitation rights to file a formal Family Court petition against the custodial parent. Typically, the court will hear the visitation and custodial petitions as separate matters.
Visitation Mediation and Agreement
Sometimes, attorneys in Manhattan prefer the less costly mediated visitation timetable. In mediation, the spouses and other parties wishing to have visitation rights can voluntarily agree on the time and frequency of visits to the child. The trained and neutral mediator helps the individuals to discuss and resolve the issues concerning the child. If the parents concur, the lawyer will draw an agreement and take the document to the court. The judge will pronounce the agreed visitation formula as a court order.
Mediation is the ideal way to draw up a visitation schedule unless the person enjoying the physical custody of the child frustrates the process, which makes the court action necessary.
Changes in the Visitation Order
With the help of attorneys, parties can request for visitation order modifications. However, the party that applies for the amendments must prove the existence of substantial reasons requiring the change in the original agreement, for example, the relocation of parents. Further, the modification should work to the best interest of the child.
What does the New York consider in Child Visitation Cases
Manhattan, New York visitation lawyers and Family Court recognize the unique relationship between the child and visitation right applicant. Will the petitioner make significant contributions to the child’s emotional well-being, education, choice of school, talent development, medical care, or spiritual growth?
Standard Visitation schedules have the non-custodial petitioner seeing the child on the alternating weekends or holidays, and 4-week vacation. However, Family Court judges can grant extra visitation for applicants intricately involved in the child’s welfare.
Enforcement of the Right to Visitation
In few circumstances, the custodial parent can frustrate the order of visitation. Manhattan child visitation lawyers will guide the offended party on how to apply to the Family Court alleging an order violation. The parent who disobeys the court-issued directive may suffer the consequences below:
• Loss of the custodial privilege.
• Legal sanctions or fines.
As a parent, you have the right to participate in your child’s life, visit the child, support the child emotionally, or advise the child. Biological parents, adopted parents, legally valid stepparents, or second-parent in an adopted arrangement can claim visitation rights