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.
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