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Child custody and visitation issues represent some of the most contentious matters in New York divorce cases. In addition, child custody and visitation consistently represent some of the most common types of issues that arise following the conclusion of a divorce case.
In the state of New York, visitation technically is now known as parenting time. The state of New York has adopted the concept of parenting time in recent years to underscore the importance of both parents in maintaining meaningful relationships with a child. Parenting time represents the ideal that a non-custodial parent should never be relegated to the position of becoming a mere visitor in the life of his or her child.
The New York Visitation Standard
The state of New York utilizes what is known as the best interests of a child standard when making decisions regarding custody and visitation. Indeed, this is the custody and visitation standard used nearly everywhere in the United States.
In applying the best interests of a child standard in making a visitation decision, a court considers a variety of factors. There is not a one-size fits all approach to determining a parenting time arrangement in New York.
Reasonable and Regular Visitation
The New York parenting time law mandates that a non-custodial parent should have reasonable and regular visitation with his or her child. There are some general guidelines utilized to assist a court, and parents, in developing a meaningful and appropriate parenting time schedule.
One of the most common types of post-divorce legal matters are those involving visitation or parenting time. There are two basic types of situations in which a post-divorce visitation case arises. First, there are situations in which a non-custodial parent interferes or otherwise fails to comply with an existing parenting time order. Second, there are cases in which the non-custodial parent fails to follow an existing visitation order. This situation oftentimes involves a non-custodial parent failing to return a child after a scheduled visitation.
Altering Visitation Order
Circumstances may change that warrant an alteration of an existing visitation order. There are certain legal standards which must be met in order for a visitation order to be changed in New York. At the heart of changing an existing parenting time decree is a demonstration that there has been a material change of circumstances warranting a change in an existing visitation order.
Parents can mutually agree to change a visitation order. However, the court will still need to evaluate the change to make certain that the alteration is in the best interests of a child.
Retain a Skilled, Experienced New York Visitation Lawyer
Visitation disputes are some of the most emotionally charged, and legally complicated, cases in the New York court system. In addition,, the judicial system itself is complex. These realities underscore the need for a person facing a visitation of parenting time case to retain an experienced, tenacious New York visitation lawyer.
The first step in retaining legal representation in a visitation case is scheduling an initial consultation. An initial consultation provides an attorney the opportunity to evaluate your situation. In addition, legal counsel will provide answers to your questions. Generally speaking, there is no attorney fee charged for an initial consultation with a New York visitation lawyer.