Brooklyn Child Visitation Lawyers
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When parents are unmarried, the court creates orders for custody and visitation for the child. There are many reasons that you may need to work with a child visitation lawyer. Whether you are seeking to establish a child custody and visitation order for the first time, you are hoping to change the visitation schedule in your case or you need help enforcing the visitation order, our team of Brooklyn child visitation lawyers may be able to help.
Establishing an initial order
When you’re establishing an initial order for child visitation, it’s important to work carefully to make sure the order is effective in the way that you’re looking for. The order must be carefully worded so that it’s not confusing or easy to misinterpret later on. Our team of Brooklyn child visitation lawyers can help you draft and review your child visitation order so that you’re satisfied that it represents the best interests of your children. We’ve helped hundreds of parents before, and we know what kinds of things to look out for that may be pitfalls for parents who want to establish a visitation schedule and terms that are workable and understandable.
Changing an order
You may already have a child visitation schedule in place, but you may want to make changes to the order. To change visitation in your case, you must make a formal motion to the court. The motion must state the reasons that you’re asking the court for a change in the visitation order. If the other parent doesn’t agree to the changes, the court must conduct a hearing in order to determine if the change is in the child’s best interests.
Usually, both parents have some type of contact with their children. The question becomes how frequent the contact should be and under what conditions. It’s up to you to gather the appropriate evidence to justify the visitation schedule that you’re asking for. If you want to ask the court for more parenting time, you may present evidence of a change in circumstances such as a move to be closer to the children or a change in your work schedule. You might also present information that the child is older and they’re able to travel farther for visitation or stay for longer periods of time.
You may also work with our team of brooklyn child visitation lawyers in order to fight the other parent’s request for a change in the child visitation schedule. In that case, you need to present evidence to the court to counter the other parent’s arguments. Our Brooklyn child visitation attorney team can help you prsent your case in a meaningful way.
Enforcing an order
There are times that you may need help from the court to enforce your custody and parenting time order. The other parent may refuse to send the child to court-ordered parenting time. They may violate conditions of your order such as refusing to provide transportation or abide by other conditions of parenting time. When a parent violates the court order, you can ask the court for help upholding the order.
When a parent willfully refuses to follow the custody and parenting time order, you may bring a petition to ask the court to hold the other parent in contempt of court. The petition outlines what the other parent did to violate the court order. If the court agrees with you, they look to the other parent for an explanation of why they shouldn’t be held in contempt of court.
If the court agrees that the other parent violated the court order without justification, they determine what kind of penalty the court should impose in order to coerce the parent to comply with the court order in the future. The court may order makeup parenting time. They may order changes to the parenting time order. In some cases, drastic measures may be appropriate such as a change to the frequency or duration of parenting time. In rare cases, the court may also sentence the offending parent to a term in jail.
Let’s work together
If you think a change in visitation may be appropriate in your case, we invite you to contact our team of child visitation lawyers for the Bronx to talk about your case. Our experience can help you understand whether your request has a good chance of success. We can work together to create a plan to help you achieve success and create the visitation schedule that works for you and for your children.
Going through a divorce is a difficult process. It’s even more complicated when there are children involved. It is important to understand the legal issues affecting the children of the marriage. For one, there is a difference between the terms custody and visitation. In reality, these are two distinct legal rights that determine when and how you can spend time with a child. Learn more about visitation rights in New York and how Brooklyn child visitation lawyers can help.
Custody is a legal term describing the type of authority a person has over a child. Generally, this authority concerns decision making power about the minor’s education, health and other types of care. This is different from the decision process regarding the child’s residence.
Under New York law, there are two types of custody. With joint custody, both parents (or the parent and another individual) have the power to make decisions for the child’s well-being. In a sole custody situation, one parent will have the legal right to make these decisions.
Part of the custody decision concerns establishing the child’s primary residence. The home of the parent who has physical custody over the child is called the primary placement. When the child is allowed to visit the parent who does not have physical custody, it is referred to as visitation.
In New York, either parent can request custody. The courts do not have a pre-established preference for one parent or the other. In some cases, another relative may be granted custody if it is in the best interests of the child.
Visitation can be granted by law. In New York state, sections 1081 through 1083, and section 1085 of the Family Court Act set forth the rules for visitation. According to these statutes, a non-custodial parent or the grandparents of the child can file a petition to establish visitation rights. Once the court receives this request, a background check is performed by the applicable department of social services. Legal counsel for the child will have the opportunity to oppose the petition if necessary. When opposition occurs, a hearing must be scheduled to resolve the matter.
Types of Visitation
In Brooklyn, there are two basic types of visitation available to the non-custodial parent. When a parent has background issues, the court may order supervised visits. This means that a representative from a child services department will supervise the visit to ensure the child’s safety. Supervised visits may also include a mental health professional who assesses the parent’s child-rearing skills. In some cases, supervised visits may be held in a controlled environment, such as a designated area in a public services office.
In contrast, unsupervised visits allow the non-custodial parent to care for the child without additional oversight. Clearly, most parents or grandparents seeking visitation prefer this type of arrangement. This allows the non-custodial parent to have more freedom to interact with the child, and to engage in bonding activities such as outings or over-night stays.
The law prefers to grant visitation to non-custodial parents. In fact, the parent is entitled to consistent, meaningful visitation. However, there are some situations where court can deny the request. This usually occurs in cases where petitioner has a dangerous criminal history, or other qualities that don’t support the best interests of the child. Convictions for murder (of a relative) will typically disqualify a parent from visitation rights. Yet, there are some exceptions to this rule. First, a child of an appropriate age can render consent to visitation with the parent. Second, the custodial parent can assent to the visitation.
If there are issues preventing the court from authorizing unsupervised visits, a Brooklyn child visitation lawyer can advocate on your behalf. Be aware that an order granting or denying visitation will continue until it is modified. Modifications of an order can only occur upon a showing of good cause. Consult a Brooklyn visitation attorney for assistance in obtaining an modification.
Either parent can submit a petition to change the visitation order. This allows the court to hold a hearing to consider the matter. In order to be successful, it must be shown that there is a substantial change in the circumstances. The court will analyze the situation using the standard of the child’s best interest. The court can take action to modify the order to protect the child.
When Visitation is Hampered by the Custodial Parent
The grant of visitation is actually a court order. When the custodial parent refuses to participate, or makes the process unreasonably burdensome, the aggrieved party can file a petition. If the allegations prove to be true, the court may hold the party in contempt. In situations where the conduct is repetitive, the court may change the custody order altogether. Get help from a Brooklyn child visitation lawyer if you are experiencing interference with a court order.