Visitation

In New York, a parent has the right to spend time with his/her child, even if he/she does not have sole physical custody. The time the non-custodial parent spends with his/her child is considered visitation. Visitation agreements generally outline when, where, and for how long the non-custodial parent will spend with his/her child. This agreement can be followed very strictly or more casually, as long as the rights of the non-custodial parent are not violated.

Visitation is determined and awarded by the court during divorce proceedings. It is in the parents’ best interest to try and come to a child custody and visitation agreement that meets their satisfaction and is mutually agreed upon. If the child is old enough, he/she can also express their wishes in regards to the custody and visitation agreement. Unfortunately, sometimes one parent or even the child may not agree with the parenting plan and/or visitation arrangement and refuse to follow its guidelines. If the parents cannot agree on a custody and visitation agreement, then the court will hold a hearing to decide the terms. The court will make a decision based on the “best interest of the child.”

It is important to remember that child support and visitation rights are not linked. Just because a parent refuses or forgets to pay child support, does not mean that the custodial parent has the right or legal authority to ban the other parent from their court-ordered visitation rights. If a parent wants a change in the visitation agreement, he/she must get an approval from the courts first.

Child visitation rights do not only affect the parents and the child. Often, third parties, such as grandparents, want to spend time with the child. Grandparents may have the right to visitation as well. The role of a grandparent is very important in the life of a child. A grandparent can provide support, stability, and love. New York State courts recognize the necessity and value of the bond between a child and his/her grandparent, and in most cases, will grant grandparents the right to visitation.

Under certain circumstances, a parent will be granted visitation rights only if another adult is present to supervise. This type of visitation is typically only granted if the parent has a history of violence or has been convicted of a crime.

Types of Visitation

In New York State, the most common visitation pattern is the child spending every other weekend, from Friday after school until Sunday evening, at the home of the non-custodial parent. If the non-custodial parent is awarded weekday visitation, he/she typically will see the child from after school until the custodial parent picks them up around 7 or 8pm. Under New York law, overnight weekday visits are not easy to obtain. Holidays, school vacations, and summer vacation are normally shared and alternated between both parents.

If you are in need of a Long Island visitation lawyer, it is necessary to seek representation immediately. To ensure that your legal rights are protected, it’s a good idea to hire your own family law attorney.

At the Law Offices of Palermo, Palermo & Tuohy the experienced child visitation attorneys can provide you with sound advice, current information, helpful resources, and protection for the rights of you and your child.