Manhattan Child Visitation Lawyers
Marriage and relationships are supposed to last forever. However, happily ever after is in fairy tales. When a couple splits, deciding the custody of the children is a significant obstacle. If a couple cannot agree on who will be the sole custodian, then the judge must make that decision. An experienced lawyer can help you navigate through this complex area of the law. Making informed decisions requires you to know the basic terms and requirements in these types of cases.
Understanding Custody And Visitation
When it comes to child custody, it is one of the most heated matters in family law. Most families desire to find the best solution for their children. The wish is often confused with the strong emotional ties. Making such a serious decision can be difficult when it comes to matters regarding a child.
The state law governs rules regarding child custody. However, New York and every other state have some form of legal and physical custody. Some states call it “physical custody” while others call it “primary access.” In this area, any parent who has the child for 51 percent or more of the time is considered to have primary physical custody. The other parent has a right to visitation of the child. The only way visitation is not allowed is under the following conditions:
•Parent Has a History of Domestic Violence or Substance Abuse
•The Ability to Care For The Child Is In Question
•The Health, Safety or Well-Being of The Child Could Be Jeopardized
•The Health of The Child Requires Special Considerations
The custodial parent is the person with whom the child resides. The noncustodial parent receives visitation. The parties are free to make out their schedule if they can agree. If not, the court will issue a visitation order. Most schedules allow the noncustodial parent to have one weeknight per week as well as every other weekend visits. If the parties agree, the visitation times can be increased as the court allows. During summer and holiday breaks, the visitation times with the noncustodial parent are improved as well.
In some instances, supervised visitation is necessary. If the noncustodial parent poses a threat to the child or has never established a relationship, then the court may deem that someone watches over the visits. The visits can take place at a licensed facility in the presence of a third party, or they can occur at another location where both parents and the judge agree.
The child’s grandparents may also be awarded visitation. While their visits cannot interfere with the parent-child relationship, many judges are in favor of allowing these rights. A grandparent must show that it’s in the best interest of the child to see them regularly, especially if they had a significant role in the child’s life.
Getting Help With Visitation Issues
Visitation doesn’t always go the way it should. Many people like to take the law into their hands. If a person doesn’t pay child support, the other party may try to withhold their visitation to force them into paying. Any behavior of this nature is in direct violation of the law. Unpaid child support is not a grounds for not seeing a child. These matters should be handled by asking the court to impose enforcement of child support payments. Visitation is a joint rightof both parents. (Tanner v. Tanner, 826 N.Y.S.2d 503, 504)
If you find yourself in a battle of child custody or visitation, you need help. A legal representative from Spodek Law Group can help. With more than 40 years experience in the Manhattan area, we have helped many people through this challenging time.