Suffolk County Visitation Lawyer
Issues surrounding children tend to be the most contentious in the judicial system. A great deal of time and effort is spent in divorce proceedings addressing child custody, child support, and child visitation or parenting time issues.
If you are facing an issue concerning visitation of parenting time, you need to understand some basic facts associated with this type of matter. In addition, you should take a proactive stance in seeking out representation from an experienced, skilled Suffolk county visitation lawyer.
Visitation or Parenting Time in New York
In a situation in which one parent has primary residential custody of a child, via divorce or paternity proceedings, the other parent is entitled to reasonable and regular visitation with the child. Indeed, the term of art that oftentimes is used when it comes to visitation in this day and age is parenting time.
The theory behind parenting time is that the noncustodial parent should not be a mere visitor in the life of his or her child. Rather, he or she should be able to develop and maintain a truly meaningful relationship with that child.
Legal Standard for Visitation
In New York, when it comes to issues pertaining to child custody and visitation, a court is to utilize what is known as the best interests of a child standard. In other words, when it comes to determining custody and visitation in a particular case, a court is to consider what is in the best interests of a child.
In this regard, the court considers a variety of factors. The court considers a custody and visitation issue on a case-by-case basis. Some of the factors taken into account when applying the best interests of a child standard is the overall physical, mental, and emotional health of the parties. The court will also consider the residential environments of the parents.
When it comes to visitation, the court will also consider the age of the child and what school and other activities the child is involved with at the present time. Depending on the age of the child, and his or her maturity level, the child’s desires and wishes in regard to visitation will also be taken into account.
Changing Child Visitation
Parents can agree between themselves to alter a visitation schedule. They can make temporary adjustments to meet scheduling needs without the need of going back to court. If they desire to make a more significant permanent change, the parents need to return to court and seek an alteration of the exiting visitation order. In most instances, a court will approve an agreed alteration of a parenting schedule, provided the change and resulting schedule is in the best interests of the child.
If only one parent desires a change in visitation, a motion must be filed with the court. Once the motion is filed, the other parent has the opportunity to provide an answer to the request for change in visitation. A court is likely to hold a hearing.
A change in visitation will only be permitted if a significant reason exists for the change. Moreover, the resulting change in visitation must meet the requirements of the best interests of a child standard.
The first step in retaining the services of a Suffolk County visitation lawyer. This type of attorney typically schedules an initial consultation at no charge to you.