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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.