Contact Our Firm for a Consultation

TV appearances

news article

Nassau County Visitation Lawyer

Divorce is usually not easy especially where children are involved. During a divorce, the issues of child custody and visitation need to be addressed. There is the question of who will be the custodial parent and the visitation rights of the non-custodial parent.

What is Visitation?

Visitation is the plan or schedule of how parents are going to share time with their children. A non-custodial parent is one who has the children for less than half of the time. Visitation is usually granted to allow the non-custodial parent to spend time with their children. Visitation orders are issued depending on what is in the best interest of the children, the status of the parents, and other related factors.

What Are the Types of Visitation Orders?

Visitation According to Schedule:  These orders help parents and children have clear visitation plans to avoid confusion and conflicts. Courts and parents come up with these schedules indicating the dates and times that the children will spend with each parent. Visitation schedules may accommodate special occasions like birthdays, holidays, and vacations.

Supervised Visitation: This applies in situations where the children’s well being and safety require that visits with their other parent be supervised by the custodial parent, a professional agency, or another adult. Supervised visitation also applies to situations where a child and their parent need time to know each other, like when a parent has not been in the child’s life for a long time and they need to gradually get familiar with one another.

Reasonable Visitation: These orders have no provisions on when each parent will spend time with the children. Reasonable visitation orders allow parents to decide on visitation schedules.This plan works if parents are in good terms and are flexible with their schedules.

What Factors Are Considered When Deciding Child Visitation?

Judges are required to give custody and visitation orders after considering the best interest of the child. When deciding the best interest of the child, the court will take into consideration:

·        The child’s age

·        The child’s health status

·        The emotional relationship of the child and their parents

·        Any history of substance abuse and family violence

·        The ability of the parents to take care of the child

·        The child’s connect with their home, school, and community

How Do You Change a Child Visitation Order?

If you want to modify your current visitation schedule, there are various options available. If you and the other parent reach an agreement on changing the visitation order, you can sign a stipulation order. This document will lay out the terms of the new visitation arrangement.

If you and the other parent fail to agree on the changes to the visitation schedule, you can request for a referral to the Family Mediation Center. After getting this referral, a trained mediator will meet both of you and help you arrive at an agreement.

If both of these alternatives do not work, one of you can file a motion requesting the court to change the terms of custody and visitation.

The Take Away

If you are unsatisfied by the terms of custody and visitation, consult a visitation lawyer to determine your options. In many cases, it is better for parents to discuss the terms of visitation without having to go to court. However, if a private agreement is not forthcoming, a lawyer will represent your best interest in court.