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Protect Your Legal Rights with Suffolk County Child Visitation Lawyers
Suffolk county child custody issues actually involve two issues. When child custody is at issue in a Family Court case, so is visitation. When one parent is granted primary residential custody of a minor child, the noncustodial parent is entitled to reasonable and regular visitation, according to New York Law.
If you are involved in a divorce proceeding, or other type of custody case, you likely find yourself with some serious questions about visitation issues. You do need to have a basic understanding of the ins and outs of visitation law in the state of New York. You also need to appreciate the importance of retaining legal visitation when issues like visitation and child custody are at stake.
Overview of Custody and Visitation
When it comes to custody and visitation, New York law mandates that the focus of the parents, attorneys, and courts be on the best interests of the child. The best interests of the child standard necessitates an examination of a variety of issues in regard to custody and visitation determinations.
For example, the overall mental, emotional, and physical health of the parties comes into play. The living situation of both parents is considered when visitation and custody are an issue in a divorce, paternity, or post-divorce matter.
The Concept of Parenting Time
Oftentimes, the use of the term parenting time is encouraged when it comes to visitation by a noncustodial parent. Parenting time is preferred in many instances because a noncustodial parent should not be relegated to being a visitor in the life of his or her child..
New York law, and Family Courts, encourage parents to reach agreement regarding custody and visitation. Co-parenting is vital when it comes to the overall health and wellbeing of a child. Co-parenting really does begin with the parents ability to make underlying decisions regarding matters like visitation and custody.
If parents reach an agreement regarding visitation, the proposed agreement between them is submitted to the court for review. More often than not the court will approve a visitation agreement reached by the parents. With that said, the court must nonetheless review a visitation agreement to ensure that it is in the best interests of a child.
Enforcing Visitation Order
Unfortunately, with shocking regularity, an existing visitation order is not followed by a parent. There are a variety of ways in which parents in Suffolk county, and throughout New York, fail to abide by the terms and conditions of a visitation order.
One of the more common types of violations involves the custodial parent not making a child available for visitation with the noncustodial parent. Another of the recurring types of visitation violations is the failure of the noncustodial parent to return at the appointed time following a scheduled visit.
If a custodial parent consistently violates a visitation order by interfering with visits, the court may ultimately elect to change custody. The court may conclude that persistent violations of a visitation are not in the best interests of a child.
Retain Experienced, Tenacious Suffolk County Visitation Lawyers
You best protect your legal rights and interests by being proactive in hiring skilled Suffolk county child visitation lawyers. When you become aware of an issue regarding visitation, you should seek legal assistance promptly.
The first step is to schedule an initial consultation. Normally, no fee is charged for this preliminary meeting with a child custody attorney. Legal counsel will provide an evaluation of your case and answer your questions.
A divorce can be very traumatic. There are a lot of issues that need to be hashed out before the parties go their separate ways. Domestic and family issues can often be complex and heated. When it comes down to children and issues involving child support and visitation, issues can definitely get ugly. Regardless of whether you are awarded custody or not, the non-custodial parent also has rights. If you find yourself in a position where you feel your rights are being denied, you should seek out a child visitation attorney to help you.
When the court decides on custody issues, they make their decision based on what is best for the child. There are a number of custody types. Their can be sole custody, joint custody or custody can be issued to a third party. With sole custody, the child’s primary residence will the with this parent. The other parent, unless restricted by the court, will have the right to visitation.
There are a number of factors that could decide how visitation and custody will go:
While the court prefers to issue joint custody, they will often do what is best for the child. If the court rules for a spouse to have sole custody, the other party has a right to visitation. In most cases, the court, along with both parties can decide on that. There are times, however, when one spouse does not want to comply with the ruling of the court. If this is the case, you need to get an attorney to fight for your rights.
Child visitation is a very important part of a divorce. As long as both parents are of sound mind and fit, they have every right to see their child. There sometimes when parents have been unreasonably denied the right to see their child. This is why you need someone with experience to argue for you. Don’t take anything for granite. And by all means, never go into a courtroom alone. This it the type of case where you will need a professional.
Going it alone can cause you many issues. If you attempt to speak for yourself, you could say something or even do something that could seriously jeopardize your case. Let an experienced professional do the talking for you. They will know exactly what to say to the court. An attorney can skillfully negotiate on your behalf to help you resolve your issues. This is essential in getting visitation.
It’s time to take a stand now. Don’t make the mistake of sleeping on your rights and accepting the status quo. A child needs both parents in their life. According to data, children perform much better in school, are more eager about becoming involved in extra curricular activities and are less likely to get in trouble when they have both parents tending to their needs.
If you are divorced and having issues with visitation, contact a skilled child visitation attorney to get your rights restored.