Visitation is also referred to as parenting time. A temporary visitation schedule can be put into place during the pendency of the divorce. Once custody has been determined and the divorce is finalized a permanent parenting time schedule can be put into place.
It is usually in a child’s best interest to have frequent, meaningful and continuing contact with both parents.
One way to set a parenting time schedule is to say that the non-custodial parent will have liberal visitation with the parties’ child(ren) away from the marital residence, as agreed to between the parties. This allows the parents to coordinate with each other and determine the visitation schedule on a day to day (week to week) basis, as they see fit. No permanent schedule is in place. Another approach is to sit down together and prepare a detailed visitation schedule that both parties agree to. The schedule would include regular visitation, holidays, summer vacations, birthdays, etc. This is more concrete, and without the consent of the other parent, each party must abide by the schedule.
Visitation rights can be denied if visitation would be considered to be harmful to the child.
Visitation is not only limited to parents. In New York grandparents, siblings or step-siblings can apply for visitation rights.
It is not necessary to go to court to create a visitation schedule if both parties can agree to the terms. Child visitation rights can be settled out of court and included in a custody and visitation agreement.
A parent can seek a modification of visitation if there are changes in circumstances that would justify the change, violation or disregard for previous orders, allegations of abuse or neglect or parental abandonment. However, changes will not be made without clear and factual evidence being shown.
Those seeking visitation rights or a change in visitation should enlist the services of an experienced Queens and Nassau attorney David L. Martin.
At The Law Offices of David L. Martin, Esq.,P.C, we understand the difficult emotional issues that come with divorce and visitation. We focus on your needs but more importantly the best interest of your child(ren).
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