Child Visitation
Child Visitation Agreements on Staten Island, New York
If you’re a non-custodial parent in Staten Island, New York, you may wonder about your child’s visitation rights. The answer depends on a variety of factors, including the relationship between you and the child’s other parent, your work schedule, and the child’s age and needs. In some cases, the non-custodial parent may have very limited visitation rights, such as only being able to see the child during supervised visits. In other cases, the non-custodial parent may have generous visitation rights, such as spending several weekends each month with the child.
It’s important to note that child visitation agreements are not set in stone. If the child’s needs or the parent’s circumstances change, the visitation agreement can be modified.
For example, if the non-custodial parent gets a new job that requires him or her to travel frequently, the visitation agreement may be modified to allow for more flexible visitation times.
Navigating the ins and outs of the legalities regarding child visitation can be a difficult thing for a parent going through a divorce. Regular visitation is imperative for the child and the parent to maintain a healthy and thriving relationship.
Frequently Asked Questions
Visitation allows non-custodial parents to have a relationship with their children. It can also help reduce stress for the child by maintaining a sense of normalcy and stability. Loved ones can provide emotional support and play an important role in a child’s life. A child’s school education, health, and well-being can also be impacted by having an involved non-custodial parent.
There are three different types of child visitation: supervised visitation, unsupervised visitation, and virtual visitation.
- Supervised visitations mean that a third party must be present during the visit. This can be a family member, friend, or professional supervisor. Supervised parenting time
- Unsupervised visitation means that the non-custodial parent can visit with their child without another person present.
- Virtual visitation means that the non-custodial parent and child can visit through electronic means, such as Skype or Facetime.
The guidelines for child visitations vary from state to state. In New York, the non-custodial parent must adhere to the visitation schedule set forth in the custody agreement. If there is no custody agreement, the non-custodial parent must follow the visitation schedule set by the court.
If the custodial parent does not want the non-custodial parent to visit, they can file a motion with the court to restrict or limit the children’s visitation. However, the court will only do this if there is a good reason, such as if the non-custodial parent is a danger to the child. Custody actions are always decided in the best interest of the child, so the court will not make a decision that would negatively impact the child’s well-being.
If the non-custodial parent does not obey the visitation order, the custodial parent can file a motion with the court to enforce it. The court may order the non-custodial parent to pay a fine, go to jail, or lose their visitation rights.
There is no set age at which a child can refuse visitation. However, courts generally consider the child’s wishes when making decisions about visitation. If the child is old enough to express a preference, the court will likely give weight to their wishes.
NYC Child Custody and Visitation Lawyers
Most of the time, the non-custodial parent will be able to continue seeing their child on an ongoing and frequent basis. That is unless the court determines for one reason or another that it is not in the best interest of the child. Fortunately, this is not often the case. Whether you are the custodial parent or the non-custodial parent, you may have questions only a certified family law attorney can answer. When you contact us here at Soren Law, you can rest assured that you are in capable hands.
What If I Have To Go To Court?
Unfortunately, when dealing with a custody dispute, if mediation proves futile, sometimes a resolution must be found with the court. Though this can be scary, it is far better to have an attorney well-versed in the intricacies of family law by your side than to try to go it alone. Here at Soren Law, we’ve been down this road before, and you can count on our compassion and legal savvy to take some of the overwhelm out of the situation at hand.
If you have any questions about child visitation in Staten Island, New York, or would like to discuss your specific situation with an experienced child custody attorney, contact the Solen Law Group today. Our knowledgeable and compassionate family law attorneys can help you understand your rights and options so that you can make the best decisions for yourself and your child.
Child Visitation Rights for Non-Custodial Parents
As a non-custodial parent, you have the right to visitation with your child. However, this right is not automatic – the custodial parent has the right to object to visitation if they believe it is not in the child’s best interests.
If the custodial parent objects to the visitation arrangement, the court will consider a number of factors in making its determination, including:
- The relationship between the child and the non-custodial parent
- The child’s age
- The child’s wishes (if the child is old enough to express a preference)
- The custodial parent’s reasons for objecting to visitation
- The impact of visitation on the child
If the court finds that visitation is in the best interests of the child, it will order a schedule of visitation. Visitation schedules can be flexible and can be modified as the needs of the child change. For example, a mother’s busy work schedule may mean that the child spends more time with the father during the week. Child care, transportation, and other necessary arrangements can be worked out as part of the visitation schedule.
The custodial parent is required to comply with the court’s order and allow the non-custodial parent to visit with the child according to the custody arrangements and custody agreements. If the custodial parent does not comply with the court’s order, the non-custodial parent can file a contempt of court action.
Drug and alcohol abuse, domestic violence, child neglect, and mental health issues can all be grounds for the court to limit or prohibit visitation. The custody orders will spell out what the non-custodial parent must do to regain visitation rights. All requirements must be met before visitation can resume. A modification of the custody order may also be necessary.
If you are a non-custodial parent and you want to obtain visitation with your child, you should contact an experienced family law attorney in your area. An attorney can help you navigate the legal process and will fight for your custody rights as a parent. Custody case law is constantly evolving, and an attorney will be up-to-date on the latest developments in the laws.
Child Visitation Enforcement
If the non-custodial parent is having difficulty seeing their child, a few options are available. The non-custodial parent can:
- File a contempt of court action against the custodial parent
- Modify the custody order
- Ask the court to appoint a guardian ad litem
- File for full custody
Contempt of court action can be filed if the custodial parent is violating the visitation schedule ordered by the court. The non-custodial parent can file a motion with the court asking that the custodial parent be held in contempt. If the court finds that the custodial parent has willfully violated the visitation schedule, the court can order a number of sanctions, including make-up visitation, payment of attorney’s fees and costs, and even jail time. Litigation should always be a last resort, however, as it can be costly and time-consuming.
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Grandparent Visitation Rights
If you are a grandparent of a child in New York, you may be wondering if you have any rights to visitation. As long as it is in the best interests of the child, grandparents are entitled to ask for visitation with their grandchildren. Only the biological or adopted grandparents are granted this right – step-grandparents are not included. In order to get visitation rights, grandparents will have to file a petition with the court.
To determine whether or not you may be able to seek visitation with your grandchild, it is important to understand the law in New York regarding grandparent visitation. This can be a complex area of law, so it is always advisable to consult with an experienced Staten Island child custody lawyer who can help you navigate the legal process and protect your rights.
Contact A Family Law Attorney For Help
A couple in the midst of a divorce may face a wide variety of custody issues. A non-custodial parent may be dealing with their ex-partner denying court-ordered visitation. If this is the issue, do not stop child support payments while you wait for a resolution. But, do contact a family law attorney for help. A custodial parent may want to reduce or deny visitation for the non-custodial parent. This also must be done through the courts and will only be done if it is determined it is in the best interest of the child or children involved. Custody proceedings can be very emotional and contentious, but they don’t have to be. No matter the problem, Soren Law has seen it all. Let us bring clarity to confusing legal issues and help you find solutions that work.
Your Trusted Staten Island Child Visitation Attorney
Local to Staten Island, we are never far away when urgent issues arise. Trusted by families here in New York for years, we’re confident we can help our clients overcome any visitation issue they may encounter. Soren Law is here for YOU.
Contact Soren Law with any questions you may have or to set up your legal strategy session today! Call us at 718-815-4500!
