NYC Visitation Rights Attorneys: Protecting Your Right to See Your Child

At Veridian Legal, our experienced NYC visitation rights lawyers understand the importance of maintaining a strong parent-child bond, even after separation or divorce. We are dedicated to helping parents in New York City establish fair and reasonable visitation schedules that prioritize the best interests of their children.

What are Visitation Rights in New York?

Visitation rights, also known as parenting time, refer to the legal right of a non-custodial parent to spend time with their child. In New York, courts recognize the importance of both parents having a meaningful relationship with their child, unless there is evidence that visitation would be detrimental to the child's well-being.

When is Visitation Awarded in New York?

Visitation, or parenting time, is a crucial aspect of child custody cases in New York. Courts recognize the importance of children maintaining relationships with both parents, even after separation or divorce, unless it's detrimental to the child's well-being. Here are some common situations where visitation is awarded:  

• During Divorce Proceedings: When parents are going through a divorce, the court will almost always address visitation. Typically, temporary visitation orders are put in place while the divorce is pending to ensure the child continues to have contact with both parents. These temporary orders are then finalized as part of the overall divorce judgment, establishing a permanent visitation schedule.

• After a Separation: Even if parents are not legally separated or divorced, one parent can file a petition in Family Court to establish visitation rights. This is common when parents have separated but haven't formalized the separation through legal proceedings. The court will consider the same factors as in a divorce case to determine what visitation arrangement is in the best interests of the child.

• In Cases of Neglect or Abuse: If a child is removed from a parent's custody due to neglect or abuse, the court may still order visitation, but it might be supervised to ensure the child's safety. Supervised visitation typically takes place in a controlled environment with a neutral third party present, such as a social worker or court-appointed supervisor.  

• For Non-Parent Relatives: In certain circumstances, grandparents or other relatives may be able to petition the court for visitation rights. This is usually granted when the relative has had a significant role in the child's life and maintaining that relationship is in the child's best interests. However, the court will prioritize the parents' rights and decision-making authority unless there are compelling reasons to grant visitation to a non-parent.  

Which Courts Handle Visitation Cases in New York?

In New York, two courts have jurisdiction over visitation cases:

• Family Court: Family Court is a specialized court that handles a wide range of family law matters, including custody, visitation, child support, and family offenses (orders of protection). It is often the preferred venue for visitation cases, especially when parents are not married or are already divorced.  

• Supreme Court: Supreme Court is a higher court with broader jurisdiction. It handles divorce cases, and if custody and visitation are contested issues in a divorce, the Supreme Court will address them as part of the divorce proceedings.  

It's important to note that while both courts can handle visitation cases, the specific procedures and rules may differ slightly. Consulting with an experienced visitation lawyer can help you determine which court is the most appropriate venue for your case.

Pendente Lite Visitation Orders in New York

"Pendente lite" is a Latin term meaning "pending the litigation." In child custody and visitation cases, a pendente lite order is a temporary order put in place while the case is ongoing. These temporary orders are crucial for providing stability and ensuring the child has continued contact with both parents while the court makes a final custody and visitation determination.  

To obtain a pendente lite visitation order, you'll need to convince the court that:

• Visitation is in the best interests of the child: You must present evidence demonstrating that allowing visitation with the non-custodial parent will benefit the child's well-being.

• There is a need for immediate orders: You must show that there's an urgent need for the court to intervene and establish temporary visitation to protect the child or prevent disruption to their life.

Factors considered for a pendente lite visitation order:

• The child's age and developmental needs

• Each parent's ability to provide a safe and nurturing environment

• The child's existing relationship with each parent

• Any history of domestic violence, abuse, or neglect

Pendente lite orders can address various aspects of visitation, such as the frequency and duration of visits, whether supervision is required, and transportation arrangements. These orders remain in effect until the court issues a final custody and visitation order or until further orders are made.

Types of Visitation Schedules in NYC

Visitation schedules, also known as parenting time schedules, are designed to ensure that children maintain meaningful relationships with both parents after separation or divorce. These schedules outline when and how each parent will spend time with their child. Because every family is unique, visitation schedules can vary widely. Here are some common types of visitation arrangements in NYC:

• Reasonable Visitation: This is a flexible type of visitation arrangement where parents work together to create a schedule that fits their individual needs and circumstances. It allows for adjustments as needed, providing flexibility for changes in work schedules, school events, or other commitments. Reasonable visitation relies on open communication and cooperation between parents.

• Fixed Visitation: This is a more structured schedule with specific dates and times for visitation, often including details about holidays, school breaks, and vacations. Fixed visitation provides predictability and can be helpful for parents who need a clear framework for planning their time with their children.

• Supervised Visitation: In cases where there are concerns about the child's safety or well-being due to issues like domestic violence, substance abuse, or mental health concerns, the court may order supervised visitation. This means that visits occur in the presence of a neutral third party, such as a social worker or court-appointed supervisor, who monitors the interactions and ensures the child's safety.

• Virtual Visitation: With the rise of technology, virtual visitation, such as video calls or online chats, is becoming increasingly common. This can supplement in-person visits, especially when parents live far apart or when circumstances make regular in-person visits difficult.

The type of visitation schedule that is best for a particular family will depend on a variety of factors, including the child's age, the parents' work schedules, the level of conflict between the parents, and any safety concerns.

Factors Considered When Determining Visitation in NYC

When determining visitation rights, New York courts prioritize the best interests of the child. Here are some of the key factors that courts consider:

• The Child's Age and Developmental Needs: The court will consider the child's age and developmental stage to determine what type of visitation schedule is appropriate. For example, infants and toddlers may need more frequent but shorter visits, while older children may benefit from longer visits and overnight stays.

• Each Parent's Ability to Provide a Safe and Nurturing Environment: The court will assess each parent's ability to provide a safe, stable, and loving environment for the child. This includes factors such as the parent's home environment, their parenting skills, and their mental and physical health.

• The Child's Relationship with Each Parent: The court will consider the existing relationship between the child and each parent, including the quality of the bond, the level of attachment, and the history of interactions.

• The Child's Wishes: Depending on the child's age and maturity, the court may consider the child's wishes regarding visitation. Older children may be given more weight in the decision-making process.

• Any History of Domestic Violence, Abuse, or Neglect: The court will carefully consider any history of domestic violence, child abuse, or neglect. This can be a significant factor in determining visitation, and in some cases, it may lead to supervised visitation or restrictions on visitation.

• Each Parent's Work Schedule and Other Commitments: The court will consider each parent's work schedule, travel commitments, and other obligations when creating a visitation schedule.

• The Distance Between the Parents' Homes: If the parents live far apart, the court will consider the logistics of transportation and the impact of travel on the child.

How Our NYC Visitation Rights Lawyers Can Help

Our experienced visitation rights attorneys at Veridian Legal provide comprehensive legal assistance to help you achieve a visitation schedule that is in the best interests of your child. Here's how we can help:

• Negotiating Visitation Schedules: We are skilled negotiators and can help you work with the other parent to create a visitation schedule that meets everyone's needs. We can help you explore different options, such as mediation or collaborative law, to reach a mutually agreeable solution.

• Filing for Visitation in Family Court: If you cannot reach an agreement with the other parent, we can file a petition in Family Court to establish visitation rights. We will prepare all necessary court documents, represent you in court hearings, and advocate for your rights.

• Modifying Existing Visitation Orders: If your circumstances have changed, such as a job change, relocation, or issues with the other parent, we can help you modify an existing visitation order to better reflect your current needs.

• Enforcing Visitation Orders: If the other parent is not complying with a visitation order, we can take legal action to enforce your rights. This may involve filing a motion with the court or seeking other remedies to ensure that you have the access to your child that you are entitled to.

• Providing Legal Advice and Guidance: We can provide you with clear and concise legal advice about your visitation rights and options. We will answer your questions, address your concerns, and guide you through every step of the process.

Protecting Your Visitation Rights in New York

Protecting your visitation rights is essential for maintaining a strong and healthy relationship with your child. Here are some things you can do to protect your rights:

• Communicate Effectively with the Other Parent: Open and respectful communication with the other parent is crucial for successful co-parenting. Be clear about your expectations, be willing to compromise, and avoid conflict whenever possible.

• Be Flexible and Willing to Compromise: Co-parenting requires flexibility and a willingness to adapt to changing circumstances. Be open to adjusting the visitation schedule as needed to accommodate the child's needs and the parents' schedules.

• Keep Detailed Records of All Communication and Visitation: Maintain a record of all communication with the other parent, including emails, text messages, and phone calls. Also, keep a log of all visitation dates, times, and any issues that arise.

• Document Any Issues or Concerns: If you have concerns about the other parent's behavior or the child's well-being during visitation, document these concerns in detail. This documentation can be helpful if you need to modify the visitation order or take legal action.

• Consult with an Experienced NYC Visitation Rights Attorney: If you have questions about your visitation rights or encounter challenges with the other parent, consult with an experienced visitation lawyer. An attorney can provide you with legal advice, represent you in court, and protect your rights.

Common Visitation Issues We Handle

Our NYC visitation rights lawyers have experience handling a wide range of visitation issues, including:

• Parental Relocation: If one parent is planning to relocate with the child, it can significantly impact visitation. We can help you negotiate a new visitation schedule or modify an existing order to address the challenges of long-distance parenting.

• Substance Abuse or Mental Health Issues: If one parent is struggling with substance abuse or mental health issues, it can raise concerns about the child's safety and well-being. We can help you address these issues and protect your child's best interests.

• Parental Alienation: Parental alienation occurs when one parent tries to turn the child against the other parent. This can be a serious issue that can damage the child's relationship with the alienated parent. We can help you address parental alienation and work to restore a healthy parent-child relationship

Contact us Today

Our experienced NYC visitation lawyers are here to protect your rights and help you achieve a visitation schedule that is in the best interests of your child. Call us today to schedule a consultation (212) 706-1007.