Last Updated on: 23rd June 2025, 04:49 pm

In the state of New York, child visitation laws govern the rights of the non-custodial parent to be in the position to be able to spend time with their children. These cases can be extremely complicated because they take into account separation, divorce, child support, and alimony. These visitation rights give the parent whom the child is no longer living with temporary custody of that child for regularly scheduled and specific periods of time.

These are just a few of the reasons it is important to be working with the best local Bronx child visitation lawyers.

Understanding the Best Interest of the Child
In most cases, the courts are always going to use the standard of making certain every decision is in line with the best interest of the child. Despite what might be best for one parent or inconvenient for another, the family law courts in New York often settle these child visitation disputes by simply applying the best interest of the child standard. This standard refers to the emotional, physical, and developmental welfare of the child, and is usually articulated the same in every court. When the disagreements of the parents conflict with the welfare of the child, this standard will serve as a tool to refocus the attention of both parties.

That being said, your Bronx child visitation lawyers will comprise a list of things for the court to consider that could impact the ultimate decision. These factors could range from one parent’s emotional tie to the child, the amount of finances each parent contributes, and which environment will be more nurturing to the child. Although not determinative, the desire of the child may be relevant in the case.

Establishing the Visitation Rights
Your Bronx child visitation lawyers will be instrumental in helping to establish favorable visitation rights. If both parents are already involved in a family law case, the non-custodial parent then has the right have a motion prepared by their attorney for visitation rights and have it filed. The only way the process can move along without any snags is if both parties feel the visitation agreement is appropriate. In this case, often the signature of the judge is the only thing that stands between the order being executed.

If there is no case pending, speaking with the Bronx child visitation lawyers will help to open the lines of communication and start the wheels in motion. Before the courts consider the merits of this child visitationrequest, the parent must provide proof they can satisfy the obligation of the agreement.

Denial of Child Custody Cases
Even though the parent has been denied child custody, they still have rights. In many of these cases, the child visitation attorney has worked hard to ensure the parent does receive generous visitation rights. Even though the parent has lost their bid to have custody of the child, the court still works to ensure the child can maintain a close relationship with their parent.

Your child visitation attorney will fight on your behalf to get as much visitation time with the child so that this relationship can flourish over time and the child does not feel they have been abandoned by one of their parents. These visits can include weekends or alternative weekends, holidays, or entire summer vacations.

Modification the Visitation Order
Regardless how long the order has been in effect, there will come circumstances where one or both parties would like to have the agreement modified. These are perhaps one of the more litigated issues when pertaining to child visitation cases. The reason modification cases are cluttering the court system is because over time, the living situation of one or both parents will certainly change. Although the court will retain jurisdiction, the court must entertain the request for modification whether it is filed by one or both parents. The court will still use the standard of the best interest for the child, but will consider if the living arrangements have changed, financial situations improved, or if one parent is moving out of state.

The Bronx child visitation lawyers can prepare the order for modification with the court in a timely manner as to not disrupt the emotional connection the child has become dependent on.

Although the courts in New York may rely on the best interest of that child standard, modifying the terms of the visitation does require the skill set of your Bronx child visitation lawyers who will fight on your behalf for the most favorable outcome.

Child Custody and Visitation in the Bronx
According to New York law, custody is when a caregiver has authority to make decision in regards to a child’s care. There are two types of custody, which are sole custody and joint custody.

Sole Custody
Sole custody is when one parent has the sole authority to make decision about the child’s care and well-being. A noncustodial parent does have the legal right to gain access to medical or educational information, but the noncustodial parent does not have the authority to make decisions about the child’s care.

Joint Custody
Joint custody is when both parents share the responsibility making decisions about the child’s care. It is important to note that with joint custody, parents must be able to communicate well with each other, such as keeping each other informed about educational and medical decisions. Parents must be willing to work together and listen to each other’s views. If parents don’t communicate well, joint custody could be difficult.

In New York, courts describe the custodial parent’s residence as the primary placement of the child. The noncustodial parent is the child’s secondary placement (visitation). The court will set a visitation schedule that meets the needs of both parents, or parents can also establish a visitation schedule between themselves.

Who is Allowed Visitation in New York?
In New York, parents, siblings, and grandparents may request visitation. It is upon the discretion of the court to determine if visitation is in the best interest of the child. Unless parents display behavior that is harmful to their children, they will receive frequent and meaningful visitation.

How Does an Individual ask the Court for Visitation?
Anyone can file a petition for visitation in Family Court. A parent must identify the other parent on the form and explain the reasons he or she should be granted visitation. Both parents have the right to an attorney during a visitation petition, which is why those in the process of seeking visitation should seek help from an experienced attorney serving the Bronx area.

During a divorce, a parent can also ask for visitation in Supreme Court. When a divorce is pending, any petitions that are pending will be transferred from Family Court to Supreme Court.

There may also be an attorney, which is assigned to the child by Family Court, to tell the court what the child wants. During this process, the assigned attorney will meet with the child several times and maybe the parents.

During a court appearance, parents will have the chance to come to a visitation agreement. If both parents come to a visitation agreement, the court will issue the order to be finalized. When parents are not able to come to a visitation agreement, the case will have to go to trial.

When a parent fails to appear in court, a warrant could be issued for the individual’s arrest, or a default order could be issued from the court.

Can Visitation be Amended?
If a parent wants to change visitation, he or she can file a petition in Family Court. The parent who files the petition must prove there are changes, which occurred since the time of the last order, and it is in the best interest of the child to change visitation schedules. If a parent wishes to amend visitation, it is best to seek guidance from a family law attorney. There are times when parents are not in agreement when it comes to changing visitation. An experienced family law attorney can ensure their clients rights are protected and increase the chances of a positive outcome.