Types of Visitation Cases
Generally speaking, visitation cases come in one of three different derivations. First, visitation can be an issue in divorce or paternity proceedings. When that is the situation, the issue at have centers on establishing child custody and visitation or parenting time in the first instance.
Second, visitation cases can involve situations in which a parent seeks to have an existing visitation order enforced by the court. For example, the custodial parent interferes with the ability of the noncustodial parent to exercise his or her visitation of parenting time rights.
Finally, visitation cases can involve a desire by one or both parents to alter an existing visitation order. In some cases, the parents agree to a change in visitation, which must be approved by and made an order of court. In other cases, the parents are at odds in regard to change in visitation that a parent desires from one reason of another.
Standard Applied by Law in Visitation Cases
In New York, the law mandates that decisions by courts made in regard to child custody and visitation matters be made in the best interests of the child. The best interests of a child standard necessitates an examination of the specific issues in a particular case.
Examples of factors considered by the court when applying the best interests of a child standard include a review of the overall physical, mental, and emotional health of the parties. Another factor that can come into play when considering the best interests of a child is the residential situation of the parents. The court is also likely to look at which parent historically has provided primary care for the child.
Types of Custody in New York and Its Relation to Visitation
New York law classifies child custody in two different ways. Legal custody is the right of a parent to make primary life decisions on behalf of a child. Examples of these major issues are decisions regarding healthcare, education, and religion.
Physical or residential custody is the ability of a parent to provide a home for a child. The noncustodial parent has the right to visitation or parenting time. Visitation or parenting time is chief element of child custody case.
If the other parent is not abiding by the terms and conditions of a visitation order, you may need to file what is called a motion to enforce with the court. If a custodial parent persists in failing to comply with a visitation order, the ultimate sanction may be a change of custody in favor of the noncustodial parent who has not been able to enjoy parenting time as set forth in the child custody order. Lesser sanctions are utilized when interference with visitation has not reached a chronic level.
Retain Bronx Child Visitation Lawyers
If you are facing a visitation issue, you are wise to take a proactive stance in retaining a qualified attorney. The first step in hiring Bronx child visitation lawyers is to schedule an initial consultation.
During an initial consultation, Bronx child visitation lawyers will provide an evaluation of your case. You will also have the opportunity to ask questions about your case. Generally speaking, there is no fee charged for an initial consultation with Bronx child visitation lawyers