Visitation and Parenting Time

Child Visitation Lawyer in East Islip, NY

Child Visitation Lawyer in East Islip, NY

Visitation is generally referred to as parenting time and is usually provided to the noncustodial parent when the other parent has sole custody. If you need legal assitance in your child custody and visitation case, consult our child visitation lawyers who are familiar with visitation and parenting time standards in New York.


Child Custody and Visitation in New York

The visitation schedule specifies the dates, hours, and places that the noncustodial parent visits the child. When parents are divorced, the court typically wants both parents involved with their children. In any scenario, a child’s needs are crucial, and parenting time must benefit the child.

Child custody is a legal responsibility. The parent with whom the child lives have physical custody. 

Legal Custody

On the other hand, educational and health care decisions are made with legal custody. Legal custody can be divided into two:

Sole Custody

Sole custody implies that only one parent has decision-making power over the child. The noncustodial parent has the right to medical and educational information but not to make decisions.

Joint Custody

Joint custody means that the parents (and occasionally additional caretakers) share decision-making authority over the child. Joint custody requires parents to communicate effectively to make each other aware of their child’s needs and make decisions together.

The decision-making power is distinct from the child’s residence or visitation rights.

In New York, courts use terms like “physical custody” and “primary placement” to indicate where a child resides. The other parent’s parenting time is described as “secondary placement” by courts. The court can create a visitation plan that works for the child and the parents or decide visitation schedules.

If you need help with your child custody and visitation arrangements, don’t hesitate to connect with a reliable child visitation lawyer in New York. We will help you come up with a plan that is best for you and your child.

Who Can Acquire Child Custody in New York?

Either parent can seek custody. For the father, signing an Acknowledgement of Paternity, getting a Filiation Order, or being included on the child’s birth certificate can make you eligible for custody rights. Every document that says you are the child’s legal father can acquire child custody.

The husband of the child’s biological mother is also presumed to be the child’s parent. This also applies if the child was conceived through in vitro fertilization or artificial insemination with the spouse’s written consent.

In rare cases, a child’s birth or adoptive parent’s domestic partner has parental rights, even though the domestic partner is not married to the child’s birth or adoptive parent. If you’re a former partner and you want to seek parental rights, you may need to prove in courth that you agreed to conceive and raise a child with your previous partner.

The child’s relatives and friends can seek custody. First, they must show that “extraordinary circumstances” exist that allow them to seek custody over the parent. Unusual circumstances may include

  • parental surrender,
  • abandonment,
  • severe neglect,
  • unfitness, or
  • prolonged custody disturbance.

If they can establish exceptional circumstances, they must also show that the non-parent having custody is in the child’s best interest. If you need help with your child custody and visitation arrangement in East Islip, our New Your child visitation lawyers can help. Schedule a consultation with us today!

Visitation Rights in New York

To get visitation rights in New York, you must file a divorce, legal separation, custody, or paternity lawsuit. A typical New York visitation schedule allows noncustodial parents a few hours one weekday and overnight visits every other weekend. Noncustodial parents can get more visitation but not less. Your visitation plan will also include summer and holiday visits.

Both parents have the right to frequent and consistent child visitation. An abuser’s visitation privileges are typically not entirely revoked by a judge.

If the court fears for a child’s safety in the care of an abusive parent, they might impose supervised visitation. Supervised visitation might be done at an agency or by a third party. 

If you need help with your child custody and visitation arrangement in East Islip, our New Your child visitation lawyers can help. We will ensure an outcome that is best for you and your child.

How Are Child Custody and Visitation Rights Awarded in New York?

A judge will only approve a custody agreement that promotes the child’s best interests, whether parents make their divorce settlement agreements or fight over custody until trial. Notably, a parent’s gender has no bearing on custody. “How can a father gain custody in New York?” you may question. The answer depends on your family’s situation and your child’s requirements.

An unmarried parent might “gain” custody by demonstrating to the judge that they are the best suitable for the child’s educational, social and emotional requirements. Domestic abuse survivors in New York will face significant obstacles in obtaining joint or full custody. In most situations, a judge will not grant custody to an abusive parent, and visitation rights may be restricted in some instances.

A court must consider the entire family’s situation to decide the appropriate custody arrangement for a child. A judge may consider the following factors:

  • The child-parent connection
  • The child’s sibling and extended family relationships
  • The school, home, and community links
  • Each parent’s involvement in child care
  • Unique demands of the child
  • Parent’s age, physical, and mental health
  • The parents’ closeness (when evaluating joint custody arrangements)
  • The willingness of both parents to develop a child-parent connection
  • A parent’s history of domestic violence
  • Other aspects of the child’s well-being

If you need help with your child custody and visitation arrangement in East Islip, our New Your child visitation lawyers can help. We will ensure an outcome that is best for you and your child.

How Do I File a Child Custody and Visitation Order?

 When filing for divorce, a parent might want custody or visitation. Any parent can request custody or visitation. On the petition, the parent should mention the other parent and state why they should have custody. For those who cannot afford one, NY Family Court will provide one.

Considering a divorce lawsuit is underway in the Supreme Court, you must convey any new or current petitions in the Family Court. A child attorney will represent the child. Then, the child attorney will have a conversation with the child and parents. After meeting with the child, the attorney informs the court of their wishes.

The parents are expected for many court appearances to work out a custody and visitation plan. There are both interim and final orders. If no deal is reached, a trial will be held. Once a parent fails to present themselves in court, the court may issue an arrest warrant or a default order.

If you need help filing a child custody and visitation order in New York, connect with our child visitation lawyer in East Islip. We can help you get the outcome that is best for you and your child.

What Factors Affect the Court Decision in a Visitation Order?

First, the court determines its jurisdiction. A court may hear a case if:

  • The child is just six-month-old and has resided in the past six months in New York.
  • The child’s last custody order came from New York.
  • A family emergency brought the child to New York.

Secondly, if a parent seeks custody, the court determines what is best for the child. The court will consider each parent’s lifestyle, stability, and capacity to care for their child. For instance, the court will examine whether a parent takes drugs, maintains a healthy and secured household, and spends time with the child. In addition, the court will look at domestic violence.

Lastly, the child can choose through the help of a child attorney. While older children’s preferences are given more weight until 18, the court initiates the final judgment.

If you need help with your child custody and visitation arrangement in East Islip, our New Your child visitation lawyers can help. Schedule a consultation with us today!

Modifications on Child Custody & Visitation Orders

If you have a custody order and the noncustodial parent refuses to return the child to you, you can call the cops to help get the child or arrest the parent. You can also file a violation petition in Family Court to enforce custody or visitation terms.

Attorneys can represent parents and guardians in violation of petitions. The court cannot compel the other parent to visit the child if they refuse. Instead, that parent’s visitation may be restricted until they visit the child regularly.

Custody orders are valid until a child becomes 18, emancipates, or until modified. Circumstances might change for a parent or child, and a parent can ask the court to change custody. A judge will only consider modifying custody if a significant change in circumstances impacts the child’s best interests.

A judge may hold a hearing to evaluate the evidence supporting the custody change. Everyday life events like a new baby or a parent remarrying don’t automatically warrant a custody change. Instead, severe life events like a parent’s cancer diagnosis or a child’s unexpected academic failure may necessitate a custody change. In the end, a child’s requirements will determine if a custody change is necessary.

Child Relocation and Child Support

Suppose a parent having the child’s physical custody (primary placement) wishes to relocate the child to an area where the visitation of another parent would be hampered. In that case, you must first obtain permission from the court or the other parent. A parent may demand a custody modification in Family Court to relocate with their child. Visitation cannot be stopped if the second placement (another parent) decides not to pay child support. Instead, the custodial parent can file a child support violation petition.

Contact an East Islip Child Visitation Lawyer Today!

In general, family courts assess whether the father or mother can better maintain good contact with the child and the noncustodial parent. Call our New York family law firm at 631-920-3848 for help with child custody or visitation matters. We have the knowledge and experience to help you choose the best path for your child. Our child custody and visitation lawyer in East Islip, NY, will help you analyze your choices.

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