New York Visitation Lawyer
Very often visitation is thought of as a consolation prize for a parent who did not gain full custody. However, as each New York Visitation Lawyer will tell you, the New York Family Courts have given increasing degrees of visitation to non-custodial parents. If the proper legal arguments are made, visitation can far exceed the customary every-other-weekend schedule. In fact, often a more modern visitation schedule will include regularly scheduled weeknight visitation, which can include overnights or extended visitation. Moreover, this can include after school pickups and morning drop offs as well as extended vacations. At Stephen Bilkis & Associates, PLLC, each New York Family Lawyer and each New York Divorce Lawyer will advise you that this is happening more and more in New York City and Long Island, even though each County has its own judiciary. Fathers rights advocates in these jurisdictions have noticed the improvement in Manhattan, Brooklyn, Queens, and through the entire City and in Nassau County as well as others in Suffolk County, Westchester County and throughout the rest of New York State and believe they have been giving more visitation to the non custodial parent.
While most people are aware that “standard visitation” consists of visits with the child on every other weekend, alternating holidays, and 4 weeks of vacation, each New York Family Lawyer in our office will tell you that many judges have become more flexible with visitation if they believe there is a good parent seeking the extra visitation. Part of the reason for the new view of the Family Court is that the courts do believe it is in the best interest of the child, which is the legal standard, to have both parents actively involved in the child’s life
Therefore, having the proper New York Visitation Lawyer is important if your goal is to spend more time with your children. Sometimes visitation can get more complex and can involve one party having to have supervised visitation. As mentioned above, the legal standard in any visitation case is what’s in the best interest of the child.
Supervised visitation occurs when the family court judge feels that leaving the child with a parent may place the child at some risk or potential risk. The visitation can be supervised by a quasi-government agency or, in many instances, by another family member that the court deems more responsible. This allows the parent to have important interaction with the child. Through time a plan can be developed to allow the parent with supervised visitation to graduate to unsupervised visits, through counseling.
The process of determining visitation is very similar to that of custody. Your New York Family Lawyer can file the visitation petition with the court located within the County that the child resides (i.e. Queens, Bronx, Brooklyn, Nassau County or Suffolk County). The petition can either be filed in New York Family Court or in the Matrimonial part of the Supreme Court. There are different kinds of visitation cases that may be commenced. Primary Visitation petitions set forth the first visitation schedule. A modification of a visitation order can be filed to change a current visitation order. A violation of a visitation order petition may be filed with the Family Court when the visitation order is not being obeyed by a person subject to the order. This violation petition asks the Family Court to rule against the violating party and take punitive action against that party. One of the punitive actions a Judge can take in severe cases is to terminate the visitation rights of the violating party.
Modifying an existing order of child visitation
Very often over time there is a need for a change in a visitation order. In order to have a Family Court change an order a legal threshold has to be met. The legal standard to modify or change an existing order is that “there has to be a significant change in circumstances” in order to get the court to reexamine a case that has already been decided. A change in circumstances can be a work schedule of one of the parents has changed, a parent has had to relocate, or even that the child needs more of the influence of the other parent.
At Stephen Bilkis & Associates, PLLC we have handled all concepts of Family Law including, visitation cases. Each New York Visitation Lawyer in our office is patient and experienced in handling the complex issues that arise while trying to raise children with court intervention.
If you find yourself in need of legal representation in your Visitation or Custody case, call our office for a free consultation with a New York Visitation Lawyer. We can be reached at 1.800.NY.NY.LAW (1.800.696.9529). Whether you have a visitation issue around grandparents rights, or a case concerning Divorce, Custody, Child Support, Abuse & Neglect or Order of Protection, or if are seeking an advocate for Fathers Rights, call to speak with one of our New York Family Lawyers. We are conveniently located and serve New York City, Westchester County and Long Island. Come to our offices in Suffolk County, meet with us in Nassau County, or visit our locations in Manhattan, Bronx, Brooklyn, Staten Island, or Queens.