Bronx Child Visitation Modification Lawyer
Courts in New York including the Bronx want to see each parent maintain a meaningful relationship with their child even after the parents have parted ways, and to that end, noncustodial parents are given structured visitation schedules. If the couple was married and divorced, this schedule was decreed when the divorce was finalized. But circumstances change over the years, and if they change enough, you may need to consult with a Bronx child visitation modification lawyer about petitioning the court to change the visitation schedule. Either parent can request this change, but they must have a good reason based on a substantial change in circumstances. Courts are hesitant to change child visitation schedules after they are decreed.Determination of Child Visitation Modification in a Bronx Court
It’s much better if both parents can agree to a change in the schedule, because otherwise they are giving control to a judge, and neither party may come out happy. Your Bronx attorney can guess at how judge will rule on child visitation modification, but there is no way to know for sure, and judges have some discretion. If both parents agree to a change, and it is not against the best interests of the child, the court will almost certainly approve it. But if the change is contested, that is another matter, and the attorney of the party desiring the change will have to petition the court in the Bronx where they were divorced.
Visitation schedules vary according to the circumstances of the people involved. Work schedules and distance can play a big part in creating a visitation schedule that makes sense. When you consult with your Bronx child visitation modification lawyer, be prepared to discuss the schedules of your child, your child’s parent and yourself, and what kind of modification you are seeking. There can be a great deal of flexibility as long as it is in the best interests of the child, and the visitation schedule is such that the noncustodial parent can maintain a meaningful relationship with their child. Only if the child is in danger of being harmed would a court deny visitation rights to a parent. This would be in extreme circumstances such as danger of child abuse.
An attorney cannot petition a Bronx court for a modification in child visitation just because a noncustodial parent suddenly decides they want to spend more time with their child. The court wants the child to have a stable routine unless there is a good reason to change it, and does not want to constantly entertain petitions for child visitation modification on whims. There may be any number of reasons for petitioning a court for a modification in child visitation, but here are a few examples:
- Remarriage. One of the parties may have remarried, and they may have new obligations that are not compatible with the current child visitation schedule.
- Schedule change. The noncustodial parent may have a new job that requires them to travel quite a bit more or quite a bit less than at the time the visitation schedule was ordered. Examples are a parent who takes a job as a salesperson with a large territory that keeps them away from home frequently or a job as an airline navigator on international flights. In court, it will be up to your Bronx attorney to show child visitation modification is warranted.
- Relocation. The custodial parent may have moved with the child or the noncustodial parent may have moved. If the parties are now living several states away, it no longer makes sense for there to be a visitation schedule that calls for a visit on a school night. Instead, there may be adjustments that include a long stay during the child’s summer vacation and longer holiday visits.
- Potential harm to the child. If a noncustodial parent begins indulging in risky behavior, a court can order supervised visitation or stop visitation all together. This might be heavy drinking, drug use or physical or mental abuse of the child.
If you would like to spend more time with your child or change the schedule, and if you think you can show there has been a substantial change in circumstances, consult with a Bronx attorney experienced in child visitation modification. The attorneys at Stephen Bilkis & Associates have the experience to provide you with the representation that you need. We have years of experience successfully representing clients who have custody, visitation, support and other family law issues. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.