Queens Child Visitation Lawyer

One of the most challenging aspect of a separation or divorce is navigating co-parenting. Parents generally want what’s in the best interests of their child. The challenge is that oftentimes parents have divergent views as to that is best for the child and sometimes have a difficulty separating the animosity they feel towards the other parent and what is best for the child. Under New York law, when it comes to visitation matters, the court prioritizes what is in the best interests of the child. See Domestic Relations Law § 240. Since this process can be complex, it’s important to consult an experienced Queens child visitation lawyer to ensure your legal rights are protected and to advocate for your child’s best interests.

What Is Child Visitation?

Child visitation refers to the right of a non-custodial parent to spend time with their child, typically when the parents are separated or divorced. In Queens, Family Court will issue visitation orders when necessary to ensure that both parents maintain a meaningful relationship with the child, provided that it serves the child's best interest. While one of the most common types of visitation schedule involves the non-custodial parent being awarded parenting time every other weekend and alternating holidays, visitation arrangements can vary greatly depending on the schedules of the parents, the child, and a variety of other factors.

Types of Visitation Arrangements

Just as visitations schedules can vary greatly from family to family, there are different types of visitation arrangements depending on the specific circumstances of each case. Some common types of visitation include:

• Unsupervised Visitation: The non-custodial parent visits the child without supervision, based on a schedule either agreed upon by the parents or ordered by the court. For example, in one case Queens Family Court ordered the following schedule:
  • Weekdays: The non-custodial parent is granted visitation every Tuesday and Thursday from 5:00 PM to 8:00 PM.
  • Weekends: Every other weekend, from Friday at 6:00 PM to Sunday at 6:00 PM.
  • Holidays: Alternating holidays, with one parent having custody on Thanksgiving in even-numbered years and the other in odd-numbered years. Similarly, for Christmas, New Year's, and the child's birthday.
  • Summer Vacation: The non-custodial parent is entitled to two weeks of consecutive vacation time during the summer, with dates to be agreed upon by both parents by April 1st of each year.
• Supervised Visitation: If there are safety concerns, the court may require that visits take place with a third party present to supervise. Supervised visitations is typically ordered when for safety reasons it is in the best interests of the child not to be alone with the non-custodial parent. In Admin. for Children's Servs. v. Victor P. (In re Victoria P.), 2014 N.Y. Slip Op. 7169 (N.Y. App. Div. 2014), Judge Tally of Family Court, Queens County ordered that the father’s visitation was supervised, after finding he had sexually abused one of the children and had derivatively neglected the other two children. The decision was based on the testimony of experts and corroborated statements from the child, showing behaviors consistent with abuse. Due to the father's lack of insight into his actions, the court found that supervised visitation was necessary to protect the children's best interests. The Appellate Division affirmed the Queens County Family Court’s decision.
• Therapeutic Visitation: Therapeutic visitation is a type of supervised visitation designed to support the emotional and psychological needs of a child and their non-custodial parent. In these sessions, a mental health professional facilitates the visits, helping to improve the parent-child relationship while addressing any underlying issues that may impact the child's well-being. In Matter of [Anonymous], 2016, Judge Stephen Bogacz of Family Court, Queens County ordered supervised and therapeutic visitation for the father after finding that his conduct during visitation was detrimental to the child's welfare. The father persistently questioned the child about his relationship with the stepfather and made numerous audio and video recordings of their conversations. Despite warnings, the father continued this behavior, leading the court to limit his visitation to a supervised, therapeutic setting to protect the child's emotional well-being.
• Virtual Visitation: When in-person visits are difficult virtual communication through video calls or phone calls may be ordered by the court. It is often ordered when physical visitation is not feasible due to factors like long distances between parents, health concerns, or scheduling difficulties. Virtual visitation allows the non-custodial parent to maintain a consistent relationship with the child, despite the impracticality of in-person visits.

A Queens child visitation lawyer can provide guidance on what type of visitation is appropriate in your case and advocate for an arrangement that suits your family's needs. There are even situations where it would be in the best interests of the child if no visitation is permitted with the noncustodial parent. The court may order no visitation in cases where it is determined that contact between the parent and child would endanger the child’s physical or emotional well-being. This can occur under several circumstances:

• Substantiated Abuse or Neglect: If there is evidence that a parent has physically, sexually, or emotionally abused the child, the court may deny visitation altogether. For example, a parent with a history of domestic violence or child abuse might be barred from visiting the child to protect their safety.
• Severe Mental Health Issues: A parent suffering from untreated mental illness, which leads to erratic or dangerous behavior, could be denied visitation if the court finds that the parent is unable to provide a safe environment for the child.
• Substance Abuse: In situations where a parent has a history of substance abuse and is unable to maintain sobriety, the court might deny visitation if it poses a risk to the child’s well-being.
• Threats of Abduction: If a parent has a history of attempting to abduct the child or has threatened to do so, the court may deny visitation to prevent potential harm or illegal removal of the child.

Each decision is based on the "best interests of the child" standard, with safety as the top priority. The court typically reviews detailed evidence and testimony before concluding that no visitation is necessary.

Factors Considered by the Court

When deciding on child visitation matters, Queens Family Court evaluates what is in the best interest of the child. The court considers multiple factors, such as:

• The child’s relationship with each parent: The court examines the existing bond between the child and each parent to ensure that the visitation arrangement supports that relationship.
• Parental behavior: If there is evidence of harmful behavior such as domestic violence or substance abuse, it will impact the visitation rights of the offending parent.
• The child's preferences: If the child is old enough and mature enough, the court may take their wishes into account when determining visitation.
• Parental cooperation: The willingness of each parent to encourage a relationship between the child and the other parent is also a significant factor.

The complexity of these factors makes it crucial to seek advice from a knowledgeable Queens child visitation lawyer. Legal guidance can help ensure that your case is presented effectively, and that your rights are protected throughout the court proceedings.

Filing for Child Visitation in Queens

To request visitation rights, a parent must file a petition with the Queens County Family Court. The process involves the following steps:

1. Filing a Visitation Petition: The petition must detail the relationship between the petitioner and the child and propose a visitation schedule. These forms should be completed with the assistance of an experienced Queens child visitation lawyer to help ensure your rights are protected and the process is handled correctly.
2. Serving the Other Parent: The custodial parent must be served with the petition and given notice of the court hearing. Proper service is critical to ensure that the case can proceed.
3. Attending the Court Hearing: Both parents present their evidence and arguments before a Family Court judge. If the parents can agree on a visitation schedule, the court will typically approve it. Otherwise, the court will issue an order based on the evidence.

Child visitation matters in Queens are handled by the Queens County Family Court, located at:

Queens County Family Court
151-20 Jamaica Avenue
Jamaica, NY 11432
Phone: (718) 298-0197

This court handles all family law matters, including child visitation and custody cases. If you are dealing with a child visitation issue, filing your petition at the correct courthouse is essential.

Modifying a Visitation Order

Visitation orders are not permanent and can be modified if circumstances change. To modify a visitation order, a parent must file a petition in Queens Family Court. Common reasons for modification include:

• A change in the child’s needs or circumstances
• Relocation of one parent
• Concerns about the child’s safety during visitation

Another reason for modifying a visitation order is parental alienation. Parental alienation occurs when one parent deliberately tries to damage the child's relationship with the other parent through manipulation or negative comments. This behavior can lead to the child rejecting the targeted parent without justification, affecting their emotional well-being. Courts consider parental alienation as a valid reason to modify visitation or custody arrangements to protect the child's best interests and maintain a healthy parent-child relationship.

Whether you are seeking to modify an order or responding to a modification request, having a Queens child visitation lawyer on your side is important.

Enforcement of Visitation Orders

If one parent fails to comply with a visitation order, the other parent can seek enforcement through the Queens Family Court. The court has several options for enforcing visitation orders, including:

• Contempt of Court: The non-complying parent can be found in contempt of court, leading to fines or other penalties.
• Modification of Visitation: Repeated violations of a visitation order may lead to changes in custody or visitation arrangements.

Grandparents and Third-Party Visitation

In certain cases, grandparents or other relatives may seek visitation rights. DRL § 72 allows grandparents to petition for visitation under certain circumstances, such as the death of one of the child’s parents. The court will determine whether granting visitation is in the child’s best interests.

If you are a grandparent or third party seeking visitation rights, it is important to consult with an experienced child visitation attorney serving Queens who can guide you through the process and advocate for your interests.

Child Visitation and Child Support

Oftentimes a custodial parents expresses the desire to limit visitation with the non-custodial parent because they are behind in child support. However, child visitation and child support are separate legal issues. A parent’s failure to pay child support does not automatically lead to a loss of visitation rights, and a custodial parent cannot deny visitation because the other parent has not made child support payments. Both matters are handled separately by the court.

Contact Stephen Bilkis & Associates

Child visitation issues can be legally complex and emotionally challenging. The Queens Family Court handles these matters with the goal of serving the best interests of the child. However, understanding the legal processes involved in filing for, modifying, or enforcing visitation can be overwhelming. It is important to consult an experienced child visitation attorney serving Queens who can guide you through the legal process and advocate for your rights as a parent. Whether you are seeking visitation, responding to a petition, or dealing with a modification or enforcement issue, Stephen Bilkis & Associates can help ensure that your interests and your child’s welfare are protected. Contact us at 800.696.9529 to schedule a free, no-obligation consultation regarding your child visitation case.

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