New York Child Visitation Lawyer

When the relationship between parents falls apart, one the most difficult issues to deal with is child custody. A custody arrangement often involves one parent having physical custody and the other parent being awarded visitation. If you have visitation with your child, you want take make sure that you are permitted to spend a much time with your child so that you have a meaningful role in your child’s growth and development. At the same time, you want to make sure the visitation is not hard on your children. For example, you do not want your children to feel as if they are constantly being shuttled back and forth between residences. If you are in need of a family lawyer because you are concerned about you visitation arrangement it is important that you contact an experienced New York child visitation lawyer who will explain your legal options related to visitation as well as child support and any other issues related to your child custody case.

Visitation in New York

When a court awards custody, one parent is the custodial parent and the other is the noncustodial parent. The custodial parents has physical custody of the child and typically the noncustodial parent is entitled to visitation. Visitation will not be awarded if there is a showing that visitation with the noncustodial parent would be detrimental to the child. For example, if there is evidence that the noncustodial parents has abused or neglected the child, the noncustodial parent may not be awarded visitation. The visitation awarded is usually issued at the same time that the custody order is issued. The visitation order will state the days and times the noncustodial parent can visit the child.

In New York parents are not the only ones who can be granted visitation. Grandparents, siblings, and step-siblings can also petition for visitation. Grandparents and other non-parent relatives who have a preexisting and substantial relationship with the child may be granted visitation as the courts have determined that it is in the best interest of the child for such positive relationships to continue. However, if the custodial parent is against the non-parent visitation, the presumption is that the custodial parent’s decision is in the best interests of the child. In such cases in order for non-parent visitation to be granted the party seeking visitation must rebut the presumption that visitation should not be granted.

Enforcing visitation rights

Divorces and child custody cases are sometimes contentious. The custodial parent may not want the noncustodial parent to have visitation. As a result the noncustodial parent may make it difficult for the noncustodial to see the child even though there is a visitation order with a specific visitation schedule. If this happens, the noncustodial parent can file a “Petition for Enforcement of a Visitation Order. ” A hearing will be held at which time the noncustodial parent must give details as to the specific occurrences of visitation interference, such as how many times the custodial parent interfered with visitation and when. If the court finds that the custodial parent did indeed interfere with visitation, the court has the power to can change the visitation order, impose sanctions, or fine the custodial parent.

It is important to understand that just because a custodial parent is not allowing the noncustodial parent visitation does not mean that the noncustodial parent may stop paying child support. Only a court order can change a child support order. Failure to make child support payments would mean that you have violated a court order. The court could find you in contempt and send you to jail.

Similarly, a custodial parent cannot denial a noncustodial parent visitation simply because the noncustodial parent fails to pay child support. The proper remedy for nonpayment of child support is for the custodial parent to file a “Petition for Violation of a Support Order.” If the court finds a violation the noncustodial parent can be held in contempt and be sent to jail.

Contact the Law Offices of Stephen Bilkis & Associates

Child custody cases can be contentious. However, non-custodial parents have the right to spend time with their children. If you are having difficulty asserting your visitation rights, it is important that you are represented by an attorney with experience. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully representing clients who have custody issues and who have other family law matters. 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.

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