Child Visitation in New York
A number of factors come into play when considering issues pertaining to child custody and visitation in New York. First and foremost, when it comes to addressing child custody and visitation in New York, a court must utilize the best interests of a child standard.
The best interest of a child standard requires the Queens Family Court to close examine the unique facts and circumstances of a case when making determinations regarding child custody and visitation. These factors can include the overall emotional, physical, and mental health of the parties. The court is also likely to consider which parent historically provided primary care for a child. In addition, the court may examine the living situation of the parents. In other words, the court will examine the living situation of both the residence where the child primarily will live as well as the residence where visitation will be exercised.
Even if the parents reach an agreement regarding custody and visitation, the best interests of a child standard still comes into play. While there is a presumption that parents make decisions in the best interests of a child, that is not always the case. In the heat of a moment in the midst of a divorce case, parents may make decisions that really do not serve the best interests of a child or children. For example, time and again children are used as something like pawns in their parents’ divorce case.
Parenting Time in the 21st Century
In considering visitation in New York, the focus is on the concept of parenting time. Parenting time is a movement away from the terminology and concept of visitation. Children and noncustodial parents should not be relegated to being mere visitors in each other’s lives.
Enforcing Visitation Order
Unfortunately, with shocking regularity, visitation orders in Queens and elsewhere in New York are not followed. One parent or another violates terms of an outstanding visitation order.
When it this happen, a parent can return to court to obtain an order to enforce a visitation order. For example, if the custodial parent fails to make the child available for visitation, the noncustodial parent can seek judicial intervention.
On the other hand, if the noncustodial parent fails to return a child at the proper time, according to the visitation schedule, the custodial parent can go to court. If a parent continues to violate the visitation order, a judge can impose serious sanctions. A court can change custody of a minor child if the custodial parent persistently interferes with visitation. A court can limit or suspend visitation if the noncustodial parent fails to follow the parameters of a visitation order.
There can be limited circumstances in which a court might order supervised visitation in a divorce or paternity case. For example, if the noncustodial parent is recovering from the abuse or addiction to mind altering substances, supervised visitation may be required by the court for a period of time.
Supervision can be provided in a number of different ways. A court appointed supervisor can be used. In the alternative, a family member can be designated to supervise.
Retain Queens Child Visitation Lawyers
Begin the process of retaining a lawyer by scheduling an initial consultation. There typically is no charge for an initial consultation with a Queens child visitation attorney.