Long Island Visitation Lawyers

Posted By Adam Denton, On October 3, 2017

A child has a right to have a relationship with both parents. That means that children have the right to have meaningful time with each parent in order to have a strong relationship. It also means that they have the right to financial support from each parent. When it comes to child custody and parenting time, visitation isn’t an appropriate word. Each child has the right to have meaningful parenting time with each parent.

When the court sets out to decide child custody, they look at the best interests of the child. It might be best for the children to spend a roughly equal amount of time with each parent. There are some cases where it’s best for a child to see a parent periodically with safeguards in place such as supervision. In some cases, issues like distance might make it practical for the child to spend the school year with one parent and most of the summer and school holidays with the other parent.

When it comes to custody, parenting time and visitation, there’s no formula that fits every case. The judge is able to determine the best interests of the child in each, individual case. That means it’s up to you to present the judge with the evidence that allows them to make the right decisions for the children in your case.

You may need to show the court that you have a stronger relationship with the children than the other parent. That might mean showing that you’re traditionally the parent who helps the children get ready for school and do their homework. On the other hand, you might need to show evidence that the other parent wants to frustrate your relationship with the children.

If you or the other parent has a significant criminal history, mental health concerns or substance abuse issues, you may need to present evidence about the issue to the court. Your attorney may recommend that you take a parenting class. You may need to show that you’ve received treatment for any issues that might be a concern. On the other hand, you may need to ask the court for a substance abuse evaluation or psychological examination of the other parent.

The children may also have unique circumstances that influence a parenting time schedule. A child may have special needs. They may want to participate in an extracurricular activity. As children grow, the right parenting time schedule may need to change. You may need to modify the schedule to allow for changes in the children’s routines or job changes for the parents.

Whether you’re looking to establish an initial custody and parenting time schedule or you’re hoping to modify the parenting time schedule, our legal team may be able to help. Your child has a right to a meaningful relationship with you. To assert your rights, you need to prepare and file your request in the appropriate New York court.

We help clients gather and present the evidence to prove their case. We also help them think through ways to improve their case such as gathering records that show the other parent’s concerns or taking classes or getting treatment that show that you’ve conquered any issues that may be of concern. We aim to help our clients navigate the legal system in order to establish and preserve a positive and meaningful relationship with their children. Please contact us today to talk about your case.