New York City Visitation Attorney
VISITATION CASES IN NEW YORK CITY AND MANHATTAN
If you are going through a divorce, you need an experienced and compassionate New York City divorce attorney on your side. There are innumerable issues that can arise in the divorce process. From marital fraud to postnuptial or prenuptial agreements to domestic violence to child support, you need a legal representative to walk with you every step of the way. If can be overwhelming and confusing to attempt to navigate through this process on your own, especially when dealing with a former spouse who is less than cooperative.
If one parent has sole custody of their children, the other parent has the right to visit their children. Not only do parents have visitation rights, but grandparents and other family members may seek these rights as well. To request visitation rights, you will have to go to family court. With the help of one of our New York City visitation lawyers, we can fight for you in court so that you can have access to your children. If one parent has a history of domestic abuse, the court may not grant visitation rights as it is a hazard to the childs health and safety.
TYPES OF VISITATION IN NEW YORK
Depending on the circumstances of the case and the parents relationship with the child, the judge will order a specific type of visitation. The most common types of visitation include:
- Unsupervised Visitation: This type of visitation is most commonly awarded in New York, and means that the parent has a great deal of freedom in visiting with their child. A parent awarded unsupervised visitation can generally take the child to their home, on a vacation, and stay with them over night, among other things.
- Supervised Visitation: If this type of visitation is awarded, the parent cant be alone with the child. Supervised visitation is usually ordered if the noncustodial parent has in the past presented danger to the child. The court may assign someone to supervise the visits, typically because of a history of domestic violence or if the judge has serious concerns about the parents inability to act properly when with the child. In some cases the court will allow the noncustodial parent to choose who will supervise the visits, and in other cases the noncustodial parent must meet the child at a specific location so that the court-appointed supervisor can monitor the visit and their interactions.
- Therapeutic Supervised Visitation: In this type of visitation a mental health professional is appointed to supervise the visits. Typically, the mental health professional works with the parent and aims to improve the parents interaction skills with the child to strengthen their parenting abilities.
- Neutral Place of Exchange Visitation: In these visits, the child switches from being with one parent to the other at a safe and neutral location at which the parents do not have to interact with each other. These exchanges often take place at a school, police station, library, or mall.
- Monitored Transition Visitation: If this type of visitation is ordered, a third party must be present with the child is exchanged from one parent to the other. Monitored transition is ordered when it is not in the childs best interests for the parents to interact with each other alone. The third party is present to ensure the child is safe and to maintain a calm environment for the child as the transition occurs.
WHAT FACTORS IMPACT VISITATION ORDERS?
The courts main concern is the best interests of the child, so the judge will consider a number of factors when determining whether visitation should be awarded and what type will be ordered. The judge will assess such factors as:
- Which parent was the primary caregiver
- The mental health of all family members involved
- The physical health of all family members involved
- The parenting skills of the parent seeking visitation
- The noncustodial parents history of providing a stable environment for the child
- The parents ability to cooperate with each other and the court orders
- Work and childcare schedules
- How the order will affect interaction with siblings and extended family members
- The wishes of the child, depending upon their age and maturity
WHAT IF THE CUSTODIAL PARENT FAILS TO COMPLY WITH THE VISITATION ORDER?
When the court awards visitation, the custodial parent must comply with the order and allow the noncustodial parent to visit with the child as outlined in the visitation schedule. If your former partner has denied you the full time allowed with your child, doesnt allow you to see the child for each designated visit, or has denied you visitation time all together, it is imperative that you contact a knowledgeable lawyer as soon as possible. Our firm can assist you in filing an Enforcement petition with the family court that alleges a violation of the visitation order. The court will then hold a hearing, during which the judge can decide to change the order to provide the noncustodial parent with proper visitation and/or to impose sanction on the parent who violated the order. If your visitation rights have been violated, do not hesitate to contact our team to discuss your options to pursue justice through the courts and obtain rightful time with your child.
BENEFITS OF HIRING A NYC VISITATION LAWYER
By speaking to a member of our firm, we could prepare your case and present a compelling argument for you in court. Since 1993, The Law Offices of Andrew J. Spinnell have been providing high-quality and professional legal representation to clients throughout New York City and Manhattan. If you are facing any issues related to divorce or family law, we could answer all of your questions and concerns. Our main priority is to fight for your rights and the best interests of your family. For more information or to speak to a member of our firm, please contact a New York City family attorney from our legal team.