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The well-being of children weigh heavily on the minds of parents who are considering a divorce. Some parents try to make things work and keep the family together. For others, children are the primary reason for a divorce, especially if abuse is an issue. Whatever the reasons, the court will make the final determination about child visitation rights.
This is one area where things can get tricky and messy. Making sure both parents are happy with the final decision is always a challenge. No matter the decision, some parents will feel slighted, even with a developing trend in New York that seems to be moving favorably towards the noncustodial parent for longer visitation periods.
When parents will not share custody, the courts are inclined to award longer times versus alternate weekend arrangements. Of course, relevant legal arguments will contribute to the court’s final decision.
Lawyers who are familiar with child visitation laws can develop suggested schedules to benefit both parents during this emotional process.
Petitions for Visitation
Petitions for visitation are filed in either the matrimonial division of the Supreme Court or in family court. A visitation schedule is instituted based on the initial petition. The schedule could be altered at a later date based on changing circumstances. Examples of this are discussed below.
If one parent does not adhere to the agreement, a noncompliance petition can be filed by the other parent. If this occurs, an inquiry is made through the family court for a ruling against the violator. Additionally, a request for punitive action can be made by the parent who files the noncompliance petition. In some instances, the judge could remove all visitation rights from the noncompliant parent.
Trying to Reach an Agreement
Typically, standard child visitation includes four weeks of summer vacation, alternating holidays and alternating weekends. The judge could award more time when the noncustodial parent requests additional time beyond the standard arrangement. The goal of Family Court is to keep both parents fully involved in their children’s lives whenever doing so is in the children’s best interest.
When tension surrounding the divorce makes it difficult for couples to agree on what is best for the children, child visitation lawyers can provide the representation parents need. The court must determine if leaving children alone with one of the parents puts them in danger. If so and supervision is required, the right person must be assigned to administer the supervision. This is usually a family member or agency.
Change an Existing Visitation Order
Another issue that may arise is the need to change existing visitation orders. This may occur when a parent with supervised visits completed required counseling. He or she now wants to remove the stipulation of having supervised visits with their children.
A judge in family court will reconsider the initial ruling. If the judge agrees to the request, the visitation order will be modified. Other reasons the change could be approved is when there is a job change or relocation.
Seek Experienced NYC Child Visitation Lawyers
One of the most difficult issues during a divorce is watching two parents use the children to attack each other. When they are able to reach an amicable agreement, the courts are not in the middle trying to decide what is best for the children.
However, rather than continue a battle that hurts the children, child visitation lawyers will try to stem the tide of bitterness. Children who are denied a chance to see their parent, or a parent who is denied a chance to see their children, can have adverse emotional effects.
Some parents go as far as withholding child support payments until they are back on schedule to see their children. None of this behavior is in the best interest of the children, which is the measure for making final visitation decisions.
NYC child visitation lawyers at the Spodek Law Group will work to resolve these issues before they reach an emotional boiling point. Our highly reputable lawyers will also work for our clients when the other parent shows habitual behavior of violating the court order. We promise to work hard for our clients and for what is in the best interest of the children.
Call our office today for a free consultation to discuss how our lawyers bring knowledge, experience and concern to handle complicated matters of divorce and child visitation.