Child Visitation Modification in New York

After a child custody matter is settled in a final decree of divorce or some other order that establishes custody and visitation, such an order can be modified. In some cases the parents agree to a change in the visitation schedule, while in other cases one parent wants a change and the other does not. Child visitation is a crucial aspect of post-divorce or separation arrangements, ensuring that non-custodial parents maintain a meaningful relationship with their children. However, life circumstances change, necessitating modifications to the initial visitation agreement. While it is important that a visitation arrangement is designed to help ensure that both parents have meaningful time with their children, the best interests of the child is always the paramount consideration when a court decides whether a modification should be approved. If you facing potential changes you’re your child custody arrangement, contact an experienced New York child custody lawyer who understands the process and will vigorously advocate for your child’s interests and your interests in court.

Child visitation in New York is determined with the primary consideration of the child's best interests. The court aims to ensure that the child has ample time and a healthy relationship with both parents, except in cases where it may be detrimental to the child's well-being. The court takes various factors into account when determining a visitation schedule that aligns with the child's best interests:

• Child's Age and Needs: The age, physical health, and emotional well-being of the child are crucial factors. Younger children may require frequent, shorter visits, while older children might benefit from longer, less frequent visits.
• Work Schedules and Availability: The work schedules and availability of both parents are considered to create a visitation schedule that accommodates both parents' commitments.
• Location and Distance: The geographical proximity of each parent's residence is taken into account to ensure practicality and feasibility of the visitation schedule.
• Parent-Child Relationship: The nature and quality of the relationship between each parent and the child, including their ability to provide a stable and nurturing environment, is a significant consideration.
• Child's Preference: Depending on the child's age and maturity, their preference regarding visitation may be considered, though it's not the sole determining factor.
• History of Domestic Violence or Abuse: Any history of domestic violence, abuse, or substance misuse is carefully evaluated to ensure the child's safety and well-being during visitation.
• Parental Cooperation: The willingness of each parent to cooperate and support the child's relationship with the other parent is vital. A parent who actively encourages and fosters the child's relationship with the other parent is viewed positively.

In New York, the court may order various types of visitation arrangements:

• Scheduled Visitation: A specific, predetermined visitation schedule is established, indicating the days, times, and duration of each visit.
• Reasonable Visitation: The parents have the flexibility to work out visitation details and arrangements among themselves, considering the child's needs and each parent's schedule.
• Supervised Visitation: In cases where the safety and well-being of the child are concerns, visits may be supervised by an approved individual or agency.

Just like with any type of child custody modification, if one parent wants to change a court ordered visitation arrangement and the other parent does not, then with the help of an experienced New York child custody lawyer, the parent wanting to make the change must file a motion with the court requesting a change. Child visitation modification is not granted without valid grounds. For example, in Kashif v. Lataya KK., 99 A.D.3d 1075 (N.Y. App. Div., 2012), the child’s mother was given custody and the father visitation. The father requested a modification of the visitation order so that he could spend more time with the child. The father had asked the mother to give him more time with the child and she refused. The court denied the father’s petition because the father did not demonstrate a change in circumstance as required by law. As long as the mother was not interfering with the father’s court-ordered visitation, the fact that she refuses to allow him more time is not enough for a visitation modification

In New York, common grounds for seeking modification include:

• Substantial Change in Circumstances: A significant change in circumstances affecting either parent or the child, such as a change in work schedule, relocation, or health issues, may necessitate a modification in the visitation schedule.
• Parental Relocation: If the custodial parent plans to move a significant distance away, the existing visitation schedule may no longer be practical. Modification may be sought to accommodate the new geographical arrangements. To learn about the circumstances under which a court may grant relocation with the child, contact an experienced child custody attorney in New York.
• Child's Age and Preference: As a child grows older, their preferences and needs evolve. The court may consider the child's desires and age-appropriate visitation adjustments to ensure their best interests are met.
• Allegations of Harm or Unsafe Environment: If there are concerns about the child's safety or well-being during visitation with the non-custodial parent, modification can be sought to ensure the child's welfare.

To modify child visitation in New York, the concerned parent must file a petition with the family court that issued the original visitation order. The petition should clearly outline the requested modifications and provide compelling reasons and evidence to support the proposed changes.

When circumstances change, and the existing child custody arrangement no longer serves the child's best interests, pursuing a modification is essential. Understanding the grounds and legal process for child custody modification in New York is paramount. If you find yourself in need of modifying a child custody order, consult with a skilled child custody attorney serving New York to ensure the best outcome for you and, most importantly, for your child. At Stephen Bilkis & Associates, we are here to provide you with expert legal guidance and representation throughout this crucial process. Contact us today to discuss your case and take the first step toward securing the best future for your child. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Nassau County, Queens, Bronx, Brooklyn, Long Island, Manhattan, Staten Island, Suffolk County and Westchester County.