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When parents decide to divorce, one of the biggest issues they face is how to keep the well-being of their children at the forefront. This is especially important when it comes to visitation rights for the non-custodial parent, since it’s very difficult to make arrangements that will satisfy the parents as well as the children. In most divorce hearings where visitation rights are discussed, one parent always tends to feel cheated, which can lead to negotiations that can get very ugly in a hurry. Because of this, it’s always smart to hire a lawyer who has experience handling these cases, since the well-being of your children may be at stake.
Depending upon how both parents feel about potential custody arrangements, visitation hearings can take a number of different turns. For example, if both parents agree about the custody of the child, a formal hearing will not be necessary. Instead, the judge will hear testimony from both parents and then enter an order of custody on consent. However, if the parents cannot agree on custody arrangements, the judge will hear testimony in a formal hearing, and may also appoint a lawyer to represent the child or children involved. According to the New York Unified Court System, the judge may also order social services or other mental health agencies to conduct an investigation of the family and report their findings back to the court, enabling the judge to make the best decision. However, it’s important to note that in some counties within New York, visitation hearings can be heard by what are known as Family Court “Attorney-Referees,” who have complete authority to hear and decide cases, issue legal orders, and even refer the family to court-appointed mediation. More information about these possibilities may be found at Your text to link….
Reaching an Agreement
In most child visitation orders, parents can expect to find alternating weekends, alternating holidays, and at least four weeks of summer vacation. However, since the court always puts the child’s best interests ahead of everything else, these agreements can be altered in many ways. While keeping both parents as fully involved as possible in the child’s life is imperative, that may not be possible if it is determined that leaving the child alone with one of the parents could put the child in peril. In these situations, the court will order supervised visitation, which usually has another family member or social worker present during the visit.
Changing the Visitation Order
In some cases, one parent may move to have the existing visitation order changed or modified. As always, it’s best to have the services of an experienced visitation lawyer to help with this process, since it can become very complex depending upon the circumstances. For example, if a parent completes counseling and wants to do away with supervised visitation, they will need to ask the court to change the current visitation orders. In addition to this, if one parent relocates due to a job change, remarriage, or other life event, they will probably want the current visitation order modified.
Contact a Child Visitation Lawyer
Since you ultimately want what is best for your child or children after a divorce, it’s always best to consult with a knowledgeable child visitation lawyer before doing something rash that you will not only regret, but may in fact jeopardize your chances of being involved in your child’s life. Rather than withhold child support payments or continue to drag your spouse into court, consult a child visitation lawyer who can help you achieve the goals you want for you and your kids.
When you and your spouse decide to divorce, one of the most difficult things is creating a custody arrangement. Custody battles can often be contentious. The majority of custody arrangements are judgments handed down by the court rather than agreements the spouses mutually agree on. If you’re negotiating a custody arrangement for your family, you might not be sure what sorts of terms you’re allowed to include.
The field of family law is incredibly complicated. Custody arrangements rarely involve a one-size-fits-all approach. Every family has unique circumstances that affect potential custody placements. Ultimately, the court’s job is to protect the child or children in question. The court must rule in favor of the child’s best interest, regardless of what the spouses may want.
One of the most important things is not to draft your custody arrangement alone. If your only experience practicing law is through watching movies and television shows, you won’t know where to begin. You may be surprised to learn that you have quite a bit of control over possible types of visitation. One of the questions you may ask yourself is whether supervised visitation is necessary. Supervised visitation is often contested, and it may be difficult to bring up.
The first thing to keep in mind is that any agreement made cooperatively will come with more leeway than a court ruling. Cooperative agreements are generally viewed with favor by the judge. When the spouses can work together, negotiating doesn’t take as much time. Custody rulings don’t always need to be issued by the court if both spouses are willing to work together. Alternative visitation and custody agreements might be created even if the court wouldn’t issue them.
One of the agreements you can make is for your spouse to have supervised visitation with your children. Ultimately, the court will need to approve this request. All child custody arrangements are reviewed by and finalized by the court. If both spouses agree that the best course of action is supervised visitation, the agreement will usually be approved.
Supervised visitation does have potential caveats to think about. The most pressing issue is that many people will not agree to supervised visitation unless a court order forces them. To have supervised visits, court personnel must be involved. The other spouse must also be amenable to complying with strict regulations. Most spouses don’t want supervised visitation with their children. Instead, they want to have unsupervised visits, as these involve much more freedom and much less hassle.
You should also be aware that any agreement you make, including one involving supervised visitation, might receive a court nullification later. This is especially likely to occur if your ex-spouse voices a reasonable objection at a future date. It’s important not to use supervised visitation as a punishment, particularly if joint custody or unsupervised visitation are reasonable options. Supervised visitation is an act that’s very restrictive. You must have good reasons for wanting it to be part of the custody arrangement. Prepare documentation to back up your case.
The last thing you should think about is your reasoning for wanting the supervised visitation. This visitation is imposed under special circumstances: the court believes that a parent deserves to be in contact with a child, but there’s also a belief that unsupervised contact with the child might become dangerous. Do you have a belief that your spouse poses a danger to your child? Is supervised visitation being considered for your child’s safety, or are you seeking it for other reasons? If you don’t believe your spouse is dangerous to your child, it may be a good idea to let the court decide the terms of the visitation.
You are able to ask for supervised visitation when you negotiate a custody agreement. However, you should keep in mind your reasons for doing so. If your spouse is amenable to the agreement, the court is likely to approve it. However, most spouses will fight this visitation due to its restrictive conditions. If your spouse challenges your request, you’ll need to provide documentation proving that supervised visitation is necessary. Nothing is set in stone until the final divorce decree has been signed. Supervised visitation should only be sought if you believe your spouse may endanger your child if visits occur unsupervised.
Negotiating a custody arrangement is the most difficult part of any divorce case. Ultimately, you have to make the decision that’s best for your child. It helps to get an experienced attorney who will help advocate for your point of view.
Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.
Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.
Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.
Our divorce lawyers provide superior service, and results, with a white glove touch that few others can deliver.
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