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New York City Visitation Attorney

Helping You Reach a Suitable Visitation Agreement

Fighting for visitation rights, also known as custodial time or parenting time, can be very grueling for both parties involved in a divorce. Making a decision about who is best suited to care for a child is bound to create conflict between parents. The courts will always be in favor of the child's best interest, but many factors must be considered before rendering a final decision as to who will get child custody and establish a visitation schedule satisfactory to both parties.

Some of the factors the court will consider in a visitation case include:

  • Ability to provide a safe home for the child
  • General mental and physical health of the parent
  • History of abuse and violence or drug addiction
  • Motivation of both parties to share in parenting duties
  • Relocation of one parent or the desire to relocate
  • Prior criminal convictions and incarceration

Some cases are simplified by the fact that one spouse travels extensively for work, lacks time, or believes they are not suited for full custody or even shared custody. In such instances, it becomes a question of agreeing on a visitation schedule. When one party insists on visitation rights, and the parent with primary custody is firmly against it, it can lead to a court battle. That is why you need an NYC divorce attorney by your side who is ready to fight for your rights.

Types of Visitation Agreements

In cases where joint custody is not awarded, one parent can be given visitation rights. These are given to noncustodial parents who are looking to keep contact with their child.

The following types of visitation can be awarded:

  • Reasonable Visitation: Reasonable visitation allows parents to create a schedule that is flexible and suits both of their scheduling needs. After being submitted to the court for approval, this type of visitation schedule would allow each parent to take an active parenting role and to remain in contact with their children.
  • Fixed Visitation: Unlike with reasonable visitation, fixed visitation is not a flexible schedule. Instead, it provides exact dates and times that are pre-determined by a judge to meet the best interests of the child—which could be as often as every other weekend. This type of schedule will also address holidays and school vacations.
  • Supervised Visitation: In some cases, a court will deem one parent to be unsuitable for regular visitation. Even in these situations, however, they will try to allow them contact with their child by scheduling supervised visits with a court liaison or social worker. This is typical when one parent has a history of substance abuse.

If a court-ordered visitation schedule is not respected, the noncustodial parent's visitation rights can be revoked or re-evaluated to take in consideration these new circumstances or cases of misconduct on behalf of either party.

Are Visitation Rights Permanent?

Visitation rights are not final in all cases, but may be reevaluated as time goes on. Factors to be considered in reevaluation are things like the character of the parent in question, whether they have a job, a house, etc. If you want to ensure that you are seeing your child as much as you are entitled to, or if you want to prevent your child from being exposed to your ex-spouse for longer than is necessary, then you can seek help from a New York divorce lawyer at Eiges & Orgel, PLLC.

Working Through a Visitation Dispute

In many cases, the most contested area of any given divorce is the visitation schedule. In many divorces, it is the only source of control or power that can be wielded and, therefore, results in emotionally-trying and complex legal issues.

When creating a visitation arrangement, there are several different areas of the law that must be considered:

  • Visitation schedule;
  • Exchange of the children; and
  • Communication between parents.

If any of these issues are contested or disputed, then it is important for you to have a New York child custody lawyer by your side who can help represent your best interests. In cases where the dispute cannot be worked out between the parents, even if an agreement has already been made, it will require the parents to take the case back to court.

Contact Eiges & Orgel, PLLC for a Consultation

Working out a dispute or determining a proper modification can be complex, but is extremely important. By working with Eiges & Orgel, PLLC, you can rest assured that you will have an experienced advocate on your side who is truly invested in helping you obtain the outcome that you deserve. With over 40 years of experience, we have proven that we have what it takes to help our clients with difficult situations. Contact our firm to learn more about what can be done for you.

Do you need help protecting your rights as a parent? Contact a New York child custody attorney at Eiges & Orgel, PLLC for legal representation you can trust. Call us today at (347) 848-1850.

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