Child custody and visitation are among the most emotional aspects of family law. Questions of parental fitness often arise as the parents disagree as to how much time the child should spend with them. If the parents have different ideas about how much visitation is appropriate, the Court may have to step in to decide the matter if they are unable to.
If you and the other parent have separated or divorced, the decisions you make from this point forward will affect your relationship with your child. The Saul Law Firm, LLP understands how serious visitation is, which is why we work on behalf of our clients each day to protect their legal rights and maximize their time with their children. Find out how our Garden City, NY family law team can assist you.
The Basics of Custody and Visitation
Family courts typically grant primary custody to one parent while allowing visitation (also called parenting time) to the other, unless there is a compelling reason to deny visitation. Although custody and visitation are two separate matters, courts often decide them in the same hearing.
New York courts are required to make all decisions concerning custody and visitation with the best interests of the child in mind. This means that regardless of how much time a parent wants to spend with their child, a court can potentially limit or although unlikely, even deny visitation altogether if it would harm the child. To determine visitation in accordance with the child’s best interests, the court will consider such factors as:
- Which parent has been the primary nurturer and caregiver of the child
- The parenting skills, strengths, and weaknesses of both parents
- If applicable, the relative ability of both parents to provide for the child’s special needs
- The mental and physical health of both parents
- The parents’ finances and ability to provide a safe, stable environment for the child
- Any evidence of substance abuse, domestic violence, or neglect
- Both parents’ work schedules and child care plans
- The child’s relationships with their siblings and other family members
- Depending on the age of the child, the child’s preferences
- Both parents’ ability to cooperate and communicate with each other and encourage a relationship between the child and the other parent
Elements of a Parenting Plan
A successful parenting plan will be sufficiently detailed to clarify the respective rights and responsibilities of the parents while establishing a clear parenting schedule. Working with a Garden City, NY family law attorney, your parenting plan should include the following, among other terms:
- How the parents will share time with the child during weekdays and weekends
- How the parents will share time with the child during holidays, vacations, and special events (e.g. birthdays)
- A summer custody and visitation schedule for the child
- When and where the parents will exchange the child for parenting time
- Alternate care arrangements involving grandparents, godparents, and others
- Day care arrangements
- How the parents will reschedule any missed parenting time
- The authority of both parents to make significant decisions for the child affecting healthcare, education, religious upbringing, and other matters
- The ability of both parents to discipline the child
- How the parents will share information about the child with each other
- How the parents will communicate with each other
- How the child will communicate with both parents
- Whether and to what extent a parent may relocate without prior permission of the other parent or court
- When a parent can introduce new romantic partners to the child
Protecting your visitation rights may require other considerations, so speak with an attorney to begin crafting a parenting plan that fits your exact needs.
Will the Court Decide My Visitation Rights?
Parents have the right to negotiate and settle their custody and visitation rights between them. A productive way to do so is mediation, a process in which a neutral third party mediator helps facilitate positive negotiations so the parents can decide the details of the parenting plan for themselves. Mediation is voluntary and confidential; anything that is discussed among the parents and the mediator must remain private, except for threats or allegations of child abuse.
Mediators do not decide visitation or give the parents legal advice, but both parents may have an attorney with them to help decide whether to settle the matter or let the court decide. If mediation is successful, the mediator will draft a parenting plan for the parents to sign, after review with their respective attorneys. The judge will then review the plan and, if it is acceptable and protects the child’s best interests, will enter the plan as an enforceable Court Order.
Modifying Visitation in New York
Court Orders and parenting plans are not written in stone, so the judge has the authority to revisit custody and visitation if there are concerns about the child’s best interests. However, the mere fact that a parent dislikes the current order or plan is insufficient to warrant a modification; the parent must demonstrate that there has been a substantial change in circumstances affecting the best interests of the child. This may include claims that one parent has:
- Developed a drug or alcohol abuse problem
- Abused or neglected the child
- Lost the ability to provide a safe, stable home environment for the child
- Begun dating someone who presents a threat to the child
- Relocated or asked for permission to relocate
- Changed their work schedule
- Failed to abide by the current agreement or court order
There are also changes that involve the child which could necessitate a change in custody and visitation. For instance, the child may become disabled, and the custodial parent might not be equipped to handle it as well as the parent who currently has visitation.
Contact Our Garden City, NY Visitation Attorney
Child custody and visitation can be challenging, but having the right attorney in your corner will make the difference in the outcome of your case. Let the Saul Law Firm, LLP go to work for you. Call or contact us online to get started today.