As a parent, it is probably very important to you to be able to see your children. Ideally, children should have both parents in their lives if at all possible. Unfortunately, in some cases, child visitation can become quite complicated. However, our legal team can help you ensure that your parental rights are respected and that you are able to see your child regularly. This can be good for both you and your son or daughter.
Child visitation refers to the ability to visit with your child, even though you do not have custody of your child. In a lot of cases, parents are able to work with one another to come up with a visitation schedule that is fair and reasonable for both parents and that works out well for the child. However, some parents are not able to get along with one another well enough to do this. If this is the case, then a judge can help. If this is a situation that you are involved in and if you would like help, someone from our legal team can assist you in getting visitation of your son or daughter.
In general, non-custodial parents are granted visitation by judges in New York State unless a good reason is given why this is a bad idea. At the hearing, there will be a judge present. In most cases, both parents are present, and any other family members or other witnesses who might be involved in the case may be present as well. If there is a caseworker involved with your case, he or she will also generally be present at the hearing.
There are various types of visitation. You could be granted regular visits for a few hours for each visit, or you might come up with a schedule so that your children can stay with you every other weekend or on some other similar schedule. In some cases, supervised visitation is scheduled, such as if there is reason to believe that this might be in the best interests of the child. The courts might also help with things like determining how dropoffs and pickups of the children will be handled, such as if you need to drop off and pick up your child at a neutral place to help avoid disagreements with the other parent.
If you have been unable to see your child because the other parent has sole custody and because you have not been able to work out a visitation agreement, then you might be dealing with a lot of emotions. It is probably very important to you to be able to see your child, and you could be wondering how you can handle the case. Filing a visitation petition with New York State for a visitation hearing is often the first step if two parents are not able to work things out on their own.
Of course, you do not actually have to work with a lawyer in order to fill out a petition for a visitation hearing. However, since this is a very important matter, you probably want to make sure that you handle things the right way. If you hire one of our experienced family court lawyers, then you can have the professional assistance that you need when filling out your petition and when going to court. This can be comforting when you are going through such a difficult time, and it can also help you ensure that your case is handled properly and that you get the visitation that you deserve.
This is a great question. The answer is that no state in the USA requires spouses to live together, while they are married. Understanding of marital law isn’t based on them sharing the same roof. Unless you, or your spouse, files a document with your court, such as a settlement agree for a legal separation – the court isn’t aware that you aren’t functioning as a married couple. As a result, while you may be morally considered separated, you aren’t legally separated.
Legal Separation is different from informal separation
In states that recognize legal separation, your separation agreement addresses all the issues between you and your spouse – like custody, support, and other martial division of assets. Without this, even if you don’t live together – you aren’t considered separated.
Even if you are legally separated – you are still legally married. That means if you become romantically involved with someone besides your spouse, then that’s considered adultery. It also means means, if you decide to get divorced soon – then your spouse can use that relationship – that adultery, against you. Some states will take this into account, and weigh it against you when deciding things like alimony.
In some states, marital property is considered everything acquired from the data of the marriage, to the date one of the spouses files for divorce. It includes assets and debts. If you live in one of these states, and haven’t filed for a legal separation, then you remain responsible for any debts your spouse runs up. Your spouse is legally entitled to a portion of the property you acquire during the informal separation. So, even if you aren’t living together – if you acquire any property, your spouse will be entitled to it. If one of your spouses files for divorce, and asks a court to distribute that marital property – some states will look at the situation, and acknowledge the fact you didn’t intend on remaining married – if you lived apart for so many years. It all depends on the discretion of the court.
In some cases, it can make sense to have a long-term separation, without a divorce. For example, one of the spouses can continue getting coverage on the other spouses health insurance policy. In addition, you can collect Social Security benefits, based on your spouses’ contributions if you have remained married for 10 years, or more, without divorcing. In addition, if your spouse dies, and you’re legally married – then you are entitled to his, or her, assets and property – since it’s considered your mutual property.
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