New York City Visitation Lawyer
Many times visitation with your own child is seen as a consolation prize when you are the parent who was not granted full custody. Any New York City Visitation Lawyer can inform you that the Supreme Court or the Family Court following a Divorce, in New York have increasingly been giving greater amounts of visitation time to non-custodial parents. This is despite or whether or not you have joint custody. When appropriate legal arguments are presented, visitation may far exceed the more customary alternating weekend schedule. Today, visitation schedules can often include frequent weeknight visits, in addition to extended visitation and overnight stays. It may even include extended vacations with the child, and picking up or dropping off a child at school. At Stephen Bilkis & Associates, PLLC, all of our New York City Visitation lawyers will advise you that this type of expanded visitation schedule is being granted more frequently throughout New York—every individual county has their own judiciary. It is more apparent that the Family Court’s in all five boroughs are expanding the visitation for qualified non custodial parents. Of course, the advocates for the Fathers Rights and the Grandparents Rights, New York City Family Lawyers and New York City Divorce Attorneys, applaud this inclination.
You may be aware that “standard visitation” set-ups with a child consists of, generally speaking, visits on every other weekend, alternating holidays, and four weeks for vacation. A New York City Family Lawyer from our team, however, will explain that, when a judge believes the parent seeking extra visitation time with their child is a good one, the judge may be liberal and flexible in setting the visitation schedule. Some of the thinking behind this view is the Family Court has the tendency to believe it is in the best interest of the child to keep both parents involved in his/her upbringing. And your child’s best interest is the legal standard upon which these decisions shall be made.
As you can clearly see, representation by a skilled New York City Visitation Lawyer is critical if it’s your aim to be awarded more time to be with your child. Like many other issues in a separation, divorce, or other Family Law case, questions about visitation can grow complex. For instance, one parent might be ordered to only have supervised visitation because the judge has deemed that leaving the child alone with this parent poses probable risk to the child. In these cases, supervision can be accommodated by a different member of the family considered responsible or by government or other type of agency. Be mindful that, as previously mentioned, any matters like this in your case regarding visitation are judged by the important legal standard used to influence their outcome: What is the best interest of the child?
Modifying Your Existing Child Visitation Order
Over a period of time, existing visitation arrangements may need updating or a change. For instance, with some counseling, parents who have supervised visitation may be moved to unsupervised visits. In order to have your Visitation reexamined by the Family Court and even possibly modified, there is a certain legal threshold that must be met: a significant or substantial change must have occurred in your family’s circumstances. Such changes in circumstances may include: your work schedule (or the other parent’s) has changed, one of the parents must relocate, or maybe even it has been seen that your child needs more influence from other parent.
The process of determining visitation is quite similar to the course of action to determining Child Custody. A New York City Family Lawyer working for you will file your visitation petition with the county court where the child resides—whether Bronx County, New York County (Manhattan), Richmond County (Staten Island), Queens County, or Kings County (Brooklyn). That petition may be filed in either the Family Court or with the Supreme Court in the Matrimonial part. Various sorts of visitation cases may proceed at that time. The Primary Visitation petition establishes the first visitation schedule. Modifications to the visitation order can be filed when the aim is to alter the existing visitation order. Also, a petition of a visitation order violation can be filed in the New York City Family Court if an individual subject to the order of visitation isn’t in compliance. The violation petition requests that the Family Court rule against the violating party, in addition to taking punitive action against this party on your behalf. For instance, a Family Court judge can, in severe cases, terminate the visitation rights of the violating party completely.
The offices of Stephen Bilkis & Associates, PLLC possess experience in all kinds of Family Law concerns, including several visitation cases. Any New York City Visitation Lawyer with our staff brings understanding and patience to his/her handling of the ordinarily complicated issues that are a necessary part of raising children under the shadow of court intervention.
You must be sure to get the proper representation for your Visitation case. Receive free advice from a New York City Visitation Lawyer, call us at 1.800.NY.NY.LAW (1.800.696.9529). Whether your case involves Grandparents Rights or Fathers Rights, whether it’s about a Custody issue or Child Support, if you need help with a Divorce proceeding, a Neglect & Abuse case, or help with an Order of Protection, please call today to speak with one of our New York City Family Lawyers. Our locations are conveniently located throughout New York City—in Westchester County and the other boroughs, from Brooklyn across to Staten Island, from the Bronx to Queens. And for clients on Long Island, we have convenient offices located in Nassau County as well as in Suffolk County.