When a court decides custody or visitation rights in New York, it must make decisions about what is in the best interests of your child. Engaging a visitation rights lawyer can help you navigate this process. The court will consider a variety of factors, including where your child lives and whether they have siblings and half-siblings. It will also look at your ability to care for your child, including any substance abuse issues. Your work schedules, childcare arrangements, and other factors may also undergo close review by your visitation rights lawyer.
You or your spouse’s health and mental capacity will likely be a major consideration, especially if there have been domestic violence issues in the past. The courts are also concerned with the safety of your child, so they will assess any history of neglect or abuse in deciding custody and visitation arrangements. Consulting with a visitation rights lawyer can guide you on how these factors can affect your case. The courts will want to see that you are committed to maintaining a relationship with your child, so they will be willing to grant custody and visitation time to parents who are committed to their child.
Whether you are filing for visitation rights or full custody, the process can be complex and difficult. It is important to consult an experienced visitation rights lawyer in your area who understands New York child custody and visitation law. A skilled lawyer can help you determine what options are available to you and your family, and help you draft a parenting plan that is fair, reasonable, and in line with your goals.
Custody and visitation are decided on a case-by-case basis, and are usually addressed in divorce proceedings or between unmarried couples. However, a parent can file for custody at any time, even if the parents are not married. A visitation rights lawyer can guide you through the process. A judge can change a custody agreement or order if there is a significant change in circumstances.
In most cases, the court will award either joint legal custody or shared physical custody. Joint legal custody means that the parents must share in the decision-making processes and share a home with the child. If one parent has sole custody, they will live with the child most of the time. A visitation rights lawyer can explain these nuances and their impact.
Typically, the judge will order a visitation schedule. This will include a set amount of time each noncustodial parent will have with the child, such as a few hours one evening per week and every other weekend. It will also stipulate a holiday and summer vacation schedule. Grandparents and other non-biological relatives can seek visitation rights, although the court isn’t obligated to grant them. A visitation rights lawyer can guide them through this process.
Despite the fact that New York is a “no-fault” state for divorces, it is still not uncommon for arguments to arise over custody and visitation. A child’s welfare is of the utmost importance, and a judge will always make decisions that are in their best interest. Engaging a visitation rights lawyer can ensure your interests are well represented.
When parents part ways either due to divorce or breakup, they have to work out how to share their children's custody. This process involves deciding where the child will reside (termed as physical custody), which can be sole or joint physical custody, and establishing the duration the non-residential parent will spend with the child (termed as visitation). In cases of disagreements or complex situations, a lawyer specializing in visitation rights can offer assistance. This arrangement is typically documented in a legally binding court order and is mandatory for both parties to follow. If any party violates this agreement, a family court lawyer or a visitation rights lawyer can help them understand their rights and enforce the terms of the order.
What Factors Does a Judge Consider in a Custody Decision?
In a custody decision, the court takes into account numerous factors, primarily focusing on the child's best interests. No single factor can dominate in either parent's favor, and the judge, under the guidance of a visitation rights lawyer, must scrutinize every aspect of the case before arriving at a judgment.
The court generally grants one parent primary physical custody, with the other parent receiving regular visitation rights. However, in some cases, the court may also consider joint physical custody as a viable arrangement. Such arrangements can be reviewed and advised upon by a lawyer specializing in visitation rights. The type of custody awarded depends on various factors such as each parent's ability to provide care for the child, their home and work locations, the child's relationship with each parent, and any history of domestic violence or substance abuse.
Preferences of very young children are rarely considered by the courts. However, as a child matures, they get the opportunity to express their preference, which can influence the custody decision. In these situations, a visitation rights lawyer can provide invaluable advice.
A court will only modify a custody or visitation order if there has been a significant change in circumstances. Either parent, as well as grandparents and other relatives with a strong connection to the child, can file a petition to alter a custody or visitation order, preferably with the help of a visitation rights lawyer. In most cases, a judge will conduct a hearing to determine whether a change is necessary and aligns with the child's best interests.
Can a Parent Relocate with the Children?
A person with primary physical custody of a child cannot leave New York State or the United States without a judge's prior permission, even for a short vacation. If a custodial parent, regardless of whether they have sole or joint physical custody, wishes to move, they must follow stringent procedures or risk violating the custody or visitation order.
It's essential for a parent to respect the custody or visitation arrangement with their ex-spouse. If a parent consistently fails to fulfill scheduled visits, it may be seen as a violation of the order and can prompt enforcement action by the courts. In such instances, a visitation rights lawyer can be of assistance. They can elucidate your rights in this matter, guide you on enforcing a custody or visitation schedule, and provide support if your ex-spouse is trying to restrict your access to your grandchildren.
Many individuals choose to start families outside of the confines of marriage. When they do, it is important that they understand their legal rights and responsibilities. Custody, visitation, and support issues can be especially complicated in this situation, so parents should discuss these matters with a child custody attorney or a visitation rights lawyer.
In New York, unmarried mothers automatically have full legal and physical custody of their children, unless they are deemed unfit to parent. Fathers can seek custody or visitation rights, but they must first petition the court for paternity and demonstrate that they are the biological father of the child. In such scenarios, a visitation rights lawyer can help to navigate the legal complexities. Depending on the circumstances, courts may award joint or sole custody to either or both parents, depending on what is in the best interests of the child.
A mother can request assistance from the local Department of Social Services to help with child support from a non-biological father, but the father will not receive any associated benefits such as inheritance or life insurance policies, unless he establishes paternity. For this reason, it is important that an unmarried father acknowledge his paternity before he pursues parental rights in the event of a separation or divorce. Here again, a visitation rights lawyer can provide essential guidance. Paternity can be established by genetic testing, signing a declaration of paternity, marrying the child’s mother, or by acknowledging himself as the father in writing or verbally.
After a petition for custody and visitation is filed with a New York family court, a judge will hold a hearing to decide whether or not the parents can come up with an agreement. In these proceedings, a visitation rights lawyer can be invaluable. If they cannot, the court will draft a child custody or visitation order for them to follow. The judge will consider several different factors, including the wishes of the child’s mother and father, the health and safety of the child, each parent’s financial stability and living arrangements, and other relevant circumstances.
If there has been a significant change in circumstance, such as a parent’s job location or an unforeseen health concern, either parent can file for a modification of the existing order. However, the judge will only approve a change if it is in the child’s best interest. A visitation rights lawyer can help in advocating for your case during these modifications.
Parents should also keep in mind that their original custody or visitation order will only remain valid until the child turns 18 or becomes emancipated. After that, it will be necessary to petition the court for a new custody or visitation order. A visitation rights lawyer can help you understand the process. To do so, each parent must prove that there is a substantial change in circumstances. This is because a judge will not want to disrupt a stable arrangement that has been in place for a long period of time. It is important for both parents to work together to find the most beneficial solution for the child.
Juan Luciano Divorce Lawyer - Manhattan
347 5th Ave #1003, New York, NY 10016, United States
(212) 537-5859