Child Visitation Attorney in New York City, New York

There are few things in life that are as precious as a relationship with your child. When a divorce threatens to disrupt this relationship, it can feel overwhelming for everyone involved. In the event of a divorce, a formal child custody and visitation agreement will dictate when and how often you will be able to spend time with your kids.

As you can guess, child visitation is one of the most contested issues in a divorce. It’s important to reach out to a family law attorney to assist you during this challenging time. At the Law Office of Seth D. Schraier, P.C., I help clients understand their rights with regard to child custody and visitation and pursue the best outcomes possible. I handle a broad range of family law matters throughout New York City, NY, including Brooklyn, Manhattan, and the Bronx.

Child Visitation Rights in New York

Either parent can be granted child visitation rights in New York. In fact, even grandparents, siblings, and half-siblings can ask for visitation under certain circumstances. When awarding visitation rights, courts in New York consider the child’s best interests, among other factors.

Typically, courts prefer to allow both parents to be in frequent and continuous contact with the kids. However, certain circumstances may result in a less favorable child visitation arrangement. Since the outcome of your child visitation case can be unpredictable, it is vital to seek legal counsel from a skilled family law attorney to advocate for your rights.

Factors Considered in Establishing Parenting Time

Courts in New York consider a wide range of factors when establishing parenting time, which is a term used to describe the amount of time each parent can spend with their children. These factors include:

1. The child’s age and health

2. Each parent’s relationship with the child

3. The child’s personal preference

4. Each parent’s ability to take good care of the child

5. Each parent’s history of abuse or domestic violence, if any

6. Each parent’s history of drug or alcohol abuse, if any

These and many other factors will be considered by the judge before making a parenting time decision. The “child’s best interest” standard in child custody and visitation cases is designed to ensure the safety and welfare of the children.

Supervised Visitation

When making a child custody arrangement, New York courts can order supervised or unsupervised visitation. As the name implies, supervised visitation means that a parent can spend time with their kids under the supervision of another adult. Typically, supervised visitation is a necessary measure in cases involving allegations of family violence and abuse.

Requesting Changes to Visitation Agreement

Many parents mistakenly believe that they are bound by the visitation agreement until their child reaches the age of 18. New York law allows parents to request changes to their existing child visitation agreement. However, modifying a visitation agreement is challenging because it requires the requesting party to show that a substantial change in circumstances occurred.

Some of the most common reasons parents request changes to their visitation agreements include:

• A parent has been diagnosed with a medical condition that prevents them from following the existing custody arrangement

• A parent has abandoned the child

• A parent has abused or neglected the child

• A parent has a problem with substance abuse

• A parent’s home environment has become unstable

• Parents have voluntarily agreed to the proposed changes

• There has been a substantial change in circumstances since the original order was put in place

There may be other reasons to modify a child visitation agreement. If you are considering requesting changes to your existing agreement, get legal guidance from an experienced family law attorney. At the Law Office of Seth D. Schraier, P.C., I guide clients through the modification process and help them formulate effective legal solutions to achieve their goals.

What to Do if Visitation Rights Are Being Violated

Unfortunately, it is not uncommon for a parent to violate the other parent’s visitation rights. Often, parties are able to resolve issues without court involvement when they seek the assistance of an attorney. Other times, however, a parent whose visitation rights were violated may have to take legal action.

If your visitation rights are being violated in New York, you may need to file a visitation enforcement petition to enforce the child visitation agreement. When filing the petition, you must submit a copy of your visitation order and parenting plan. The petition should also specify the exact terms of the agreement that were violated and provide evidence of the alleged violation.

By filing a petition to enforce the order, you are requesting relief from the court. If the non-compliant parent continues to violate your visitation rights, the judge may find that parent in contempt of court, which carries serious penalties. If you believe that your visitation rights were violated, do not hesitate to speak with an attorney to help you enforce the order and explore the remedies available in your case.