NYC Visitation Rights Lawyers
Last Updated on
An NYC visitation lawyer can provide assistance for a variety of matters related to raising children among separated parents. Litigation involving kids can be lengthy and complex, so legal help is always recommended in these cases. First and foremost, these attorneys are dedicated to the well-being of all minors associated with their work. Here are the kinds of issues that can be tackled inside and outside of the courtroom.
Suitability for Parenthood:
The primary fight takes place before visitation rights are ever determined. This preliminary custody battle is very important to the entire process that follows. After hearing the facts from both sides, a judge will determine between granting full custody or split custody. If one parent receives full custody of their kids, it is deemed as a judgment against the other’s long-term viability as a mom or dad. When a party is denied the right to raise their kids full time, they are often given visitation privileges instead. The law requires that visitation hours be fulfilled, but each case is unique.
Sometimes, visitation is only stipulated under one condition: The entire trip must be monitored by an objective third party. A NYC visitation lawyer can help guarantee a child’s protection by fighting for supervised visits. Activities will be typically predetermined to prevent any hazards from being introduced. In other situations, visitation lawyers can fight to repeal the clause that mandates legal observation. This instills more freedom for the parent without custody, but it is only if they deserve the extra privilege.
Wrongful Denial of Visitation:
It is not uncommon for one parent to deny the other one access to their kids. This act is regularly in violation of court ordered visitation agreements. Unless the rejection is caused by a legitimate concern for the kids’ well-being that can be substantiated in court, there are zero legal grounds for withholding access. If the police are unable to intervene, matters should be brought back before a judge with the expert navigation skills of a NYC visitation attorney.
Suspension and Revocation:
In some instances, a previously fit parent can lose their ability to see their offspring. This loss of visitation rights may occur through a variety of avenues. Primarily, a judge will take child privileges away after a dangerous or neglectful incident. Unrelated convictions can also tarnish a record, especially if they are drug related. Being caught with illegal substances implies child endangerment, so the arrest will likely be accompanied by a suspension of visitation. It can also be revoked in matters of unpaid child support.
Abuse & Neglect:
If child abuse is suspected, a NYC visitation lawyer will be the first to recognize it. They will do everything in their power to end the suffering. Usually, one parent will be easy to identify as an abuser. Their visitation privileges should be non-existent, but the only way to save the kids from them is through steadfast representation and thorough documentation; otherwise, there may be nothing to protect these children. Additionally, it is possible that both parents might be unsuitable. If this scenario is present, a visitation lawyer can find a better guardian for the kids while the parents work out their issues. Typically, this figure is a grandparent, godparent, aunt or uncle. If no one else is available, temporary foster care may be the best option.
Child Support Contingency:
Most separated parents know that child support and visitation are directly interlinked. Both of these matters are often condensed into a single courtroom visit. Their enforcement can also depend on each other’s fulfillment. This legal contingency creates a bind to ensure that the non-custodial parent is paying child support promptly. Without the promise of consistent assistance, a parent may find the fight for visitation much more difficult. For example, if a mother has full custody, the amount owed to her by the father on behalf of the child is directly based on a comparison of their salaries. Earning more automatically leads to paying more, but it also demonstrates a heightened level of economic well-being. This bodes well for winning visitation cases.
Restraining Order Compliance:
Cases between separated parents can get tricky and nuanced fast. Sometimes, the two have an established restraining order between them, which means they are not allowed to make any contact. Inconveniently, visitation still needs to be arranged on a regular basis. To simplify these complicated matters, a NYC visitation lawyer will expressly map out the terms of appropriate and inappropriate communications. With these rules set in place and signed by a judge, it becomes easy to enforce the prohibition on unwanted interactions. Usually, the personalized terms state that only explicit visitation details may be discussed. Every irrelevant statement becomes a violation of the restraining order.
Older children can choose for themselves whether or not they want to continue being in contact with either parent. A NYC visitation lawyer can streamline this process for all parties. In most cases, this claim of early adulthood requires the permission of at least one parent; however, certain circumstances may override this necessary step. If a parent is denied visitation, emancipation turns their child into a legal adult that is capable of making personal decisions. This means that they can choose to see the estranged parent on their own volition. Another benefit for those who pay child support is that payments are stipulated to last until adulthood. This means that the monthly deduction can end a few years earlier than expected.
Petitions for Revision:
Many visitation clauses were set into place at the official moment of separation. This means that they may have been written in regards to very young children. As kids grow and circumstances change, visitation rules should be updated to match accordingly. The process of revising these guidelines may seem complicated, but a NYC visitation lawyer can ease the process.
Fight for Custody and Guardianship:
For some parents, visitation is not enough. A lot of moms and dads can earn back their custody privileges by demonstrating an improved lifestyle; simultaneously, efforts can be made to discredit the other party’s parenting skills. This combination can be used to strip custody rights from one parent. They are subsequently transferred to the parent who only had visitation. At this stage, the roles are reversed, which means a new visitation plan must be set in place for the party that lost custody.
Same Sex Separations and Rights:
Many parental and divorce laws are written with bias towards heterosexual couples. As more gay marriages and unions begin to form, visitation laws enter an unprecedented gray area. Today’s rules were written to handle quarrels between mothers and fathers, so they are challenging to apply in cases of two mothers or two fathers. This murky territory is being handled by the best NYC visitation lawyers available. Their efforts are making sure that these pairs are not discriminated against, especially when it comes to ensuring the proper care of their children. Attorneys can handle extra adoption paperwork, and they will guarantee that the law is interpreted in a way that extends all the inherent rights of parenthood to them.
Family matters are urgent, so there is no reason to stall in contacting a NYC visitation lawyer. These renowned professionals will do everything to make life better for you and your child!