The rights of the parent without physical custody to see their child is traditionally referred to as “visitation.” The more modern take on the term is “parenting time.” A child is not “visited” by their non-custodial parent, they are “parented.” The lawyers at Aronov Law NY can help you achieve your desired amount of parenting time by enforcing a visitation agreement for the noncustodial parent, assisting with relocation requests and questions of international custody arrangements, modifying the parenting plan or visitation schedule, and protecting the rights of non-biological parents in same-sex couples.
It is also possible for grandparents and non-biological parents to seek to spend time with the children. We can assist you as a relative in making these applications or as a parent seeking to deny the request.
NYS Visitation Law For Dummies
Navigating the legalities of visitation rights can be challenging for families during these emotionally charged cases. Thankfully, a Queens divorce lawyer specializing in visitation from Aronov Law NY has the necessary experience to guide and support their clients in creating a fair arrangement that prioritizes the child’s needs. Because these legal professionals have a background in family law, they understand the rights and obligations of each parent.
Every experienced parenting time attorney at Aronov Law NY is dedicated to helping clients find easier solutions to their custody and visitation arrangement needs. Our knowledge in this space has not only led us to appreciate the importance of a strong parent-child relationship but also to find creative solutions that respect the needs of everyone involved. Connect with our associates today by phone or online to access personalized legal strategies and compassionate support.
What Are Visitation Rights?
Visitation rights are also known as parenting time. These terms refer to the legal entitlement of a non-custodial parent to still spend time with their children through a structured arrangement. These rights exist to help ensure that a non-custodial parent still has an opportunity to maintain a rich and meaningful relationship with their child despite not being able to live together. Visitation schedules will differ based on the family’s circumstances and the child’s needs.
There are two main categories of visitation rights to understand: unsupervised and supervised visitation. When someone has been granted unsupervised visitation, they can spend time alone with their child within the confines of a predetermined schedule. These arrangements can include any number of weekends or holidays as long as they’ve been detailed in the visitation agreement beforehand.
When someone is required to enter a supervised visitation arrangement, it is often due to concerns over that parent’s ability to keep a child safe or prioritize their well-being. In these cases, a third-party individual must be in the room at all times when the child is with the non-custodial parent. This third-party individual could be a family member, social worker, or any other trusted supervisor who can monitor the interactions between the parent and the child.
What Are the Most Common Visitation Arrangement Disputes?
There are many different reasons why a dispute regarding visitation arrangements may arise during a family law case. Many times, this is due to a difference in expectations or priorities between both parents. By taking the time to understand each possible dispute, you can navigate the process of resolving these conflicts more easily.
Some of the most common include the following.
Scheduling Conflicts
Among the most frequent sources of visitation disputes are scheduling conflicts. This is often because parents have different work hours, personal commitments, and even social activities that can make it difficult to always adhere to a fixed visitation schedule. For example, one parent might need to start working the night shift for a period of time, which can interfere with their original visitation routine. This is why being open to adjustments when necessary is critical.
Transportation and Logistics
Because children often need to be transported to engage in their visitation sessions, logistical issues can arise. These might include disputes over who was supposed to pick up or drop off a child, how much the travel costs are, and how much time a parent wants to spend commuting. These disputes can be exacerbated when both parents live far apart.
Change in Circumstances
Because life circumstances are always evolving, it’s reasonable to expect that an original visitation arrangement will need to be revisited in the future. For example, a parent might get a new job with different hours or be diagnosed with a new health condition that affects their ability to comply with their custody obligations. When one parent requests a custody modification, the other parent may resist out of fear they will lose more time with their child.
Communication Issues
When it comes to visitation arrangements, communication issues can lead to misunderstandings, resentment, and conflict over who spends time with a child and when. Sometimes, parents who have split find it hard to keep each other informed about any new change in plans or of an important event coming up. In some cases, a parent might deliberately keep information from the other parent to make it seem like they are being negligent in their parental responsibilities.
Concerns About Safety and Well-Being
If one parent is concerned over their child’s safety and well-being while visiting or in the care of the other parent, they may seek to either restrict or supervise the visits. This usually happens when the custodial parent finds evidence that the other parent is either abusing substances or has displayed violent behavior around the child. This scenario can lead to significant conflict, as the other parent may feel unjustly accused.
Influence of New Relationships
When one divorced parent introduces a new partner or spouse into a child’s life, it can complicate a pre-existing visitation arrangement. For example, the other parent might feel uncomfortable or threatened by how involved the new individual is in their child’s life. These disputes can impact a child’s routine and emotional well-being if not proactively addressed.
Enforcement of Visitation Orders
When one parent is consistently non-compliant with a visitation order, it can cause conflict that is disruptive to the child whom the agreement is supposed to benefit. Some examples of non-compliance can include a parent being late for pick-ups or drop-offs, missing a visitation session completely, or outright refusing to spend any time with the child. If this issue cannot be resolved informally, it may need to be addressed with legal enforcement.
How Can a Father Get Visitation Rights in NY?
Before a father is able to officially receive visitation rights in New York, he will need to follow many different legal steps. The court must feel confident that issuing visitation rights to the father will be of value to the child and not negatively impact their well-being. Some of these steps include:
Establishing Paternity
Before a father is able to start seeking visitation rights, he has to establish paternity. This can be done by going to the hospital where the child was born and asking for a signed form that acknowledges the child is biologically his. This form would be a useful piece of evidence to use in future family law cases if paternity were to ever be contested.
Filing a Petition for Visitation
Once a father has documentation in hand that proves his paternity, he is able to file an official petition for visitation with the family court in New York. Within this petition, the father looking to earn visitation rights will need to detail the nature of his relationship with the child and why he wants to start these sessions. It is also helpful for the father to provide more information about the proposed visitation schedule and how it will benefit the child involved.
Attending Meditation
While this step is not required, many fathers seeking visitation rights will attempt to resolve the disputes through mediation sessions. This is when a third-party facilitator who does not have any incentive in the outcome of the case will facilitate conversations between both parents. During these sessions, both parents will be encouraged to reach a mutually agreeable arrangement. If this happens, they can avoid a contentious battle in court.
Court Hearing
If the mediation sessions are unsuccessful, the disputes will need to be resolved in court. During these hearings, both parties will have an opportunity to present their case and share what arrangement they believe will be the most favorable. At this point, the father should be prepared to demonstrate how committed he is to his child’s well-being and how he can provide a stable and loving home environment for them.
Temporary and Final Visitation Orders
While a case is pending, the court may decide to issue a temporary order. This could allow the father to spend some time with their child until a final order goes into effect. Once all of the evidence and testimonies have been considered, the court will issue the final order by specifying the terms of the visitation. This will include the schedule that needs to be followed, how long the sessions will last, and whether there are any other conditions that need to be met.
Modifying the Visitation Order
When circumstances change, a father can submit a request for the visitation order to be modified. This could be due to a new event in the father’s life or a change in the child’s needs. After the modification petition has been filed, the court will need to approve the changes before either parent is expected to comply with its terms.
Contact Aronov Law NY Today
While dealing with conflicts related to visitation schedules can be overwhelming, you never have to face them alone. At Aronov Law NY, our family lawyers stand committed to helping fathers understand and exercise their parental rights, ensuring no one unlawfully prevents them from maintaining a relationship with their child. Contact us today to learn more about how we can help.
