New York Child Visitation Lawyer

Get Help from a Visitation Rights Lawyer in NYC

At Levoritz Law Firm, located in the heart of New York City, we focus on navigating the complexities of family law with a particular emphasis on child visitation rights. Our dedicated team of attorneys combines over 40 years of experience with a compassionate approach to advocate for the best interests of our clients and their families.

We pride ourselves on our track record of success, offering personalized legal guidance and support to secure favorable outcomes. Whether you're facing a dispute over visitation arrangements or seeking to modify an existing child visitation order, Levoritz Law Firm is equipped to help you.

Basics of Child Visitation in NYC

Child visitation rights are designed to ensure that a child maintains a relationship with both parents after a separation or divorce. In New York, the law prioritizes the child's best interests, aiming to foster and maintain healthy relationships with both parents.

When the child lives with one parent more than 50 percent of the time, that parent is considered to be the custodial parent. The non-custodial parent is typically granted visitation rights. Visitation rights are usually sought during divorce and child custody proceedings, but they can also be petitioned for at a later time.

When visitation rights are granted, a schedule must be worked out as to when the non-custodial parent will see the child. Sometimes, parents can work out scheduling themselves, but in other cases, particularly in contentious relationships, the New York court will set the visitation schedule.

In any case, you will have the greatest chance of getting an outcome that goes in your favor with the help of an experienced NYC child visitation lawyer.

Types of Visitation Orders in NYC

In New York City, visitation orders typically refer to arrangements made by the court regarding the visitation rights of a non-custodial parent or another party who is granted visitation with a child. These orders outline the schedule and conditions under which visitation can occur.

• Standard Visitation Order

  This type of visitation order provides a regular schedule for the non-custodial parent to spend time with the child. It may include weekends, holidays, and specified weekdays.

• Supervised Visitation Order

  In cases where there are concerns about the safety or well-being of the child, the court may order supervised visitation. This means that visits with the non-custodial parent must occur in the presence of a neutral third party, such as a social worker or another responsible adult.

• Therapeutic Visitation Order

  If the court believes that it is in the best interests of the child to have structured visitation aimed at addressing specific issues or improving the parent-child relationship, they may issue a therapeutic visitation order. This could involve visits facilitated by a therapist or counselor.

• Extended Visitation Order

  In situations where the non-custodial parent lives a significant distance away from the child, the court may issue an extended visitation order, which provides for longer visitation periods during school breaks or holidays to facilitate meaningful time together.

How Visitation Rights Are Determined

Visitation rights are typically determined by the court during divorce or separation proceedings or in cases involving unmarried parents. The primary consideration in determining visitation rights is always the well-being of the child.

Parenting Plan

Initially, parents may attempt to come to an agreement regarding visitation outside of court through a parenting plan or custody agreement. This plan outlines each parent's rights and responsibilities regarding the children, including visitation schedules.

Mediation

In some cases, parents may work with a mediator to reach an agreement on visitation and custody arrangements. Mediation allows parents to negotiate terms with the assistance of a neutral third party.

Court Intervention

If parents cannot reach an agreement through negotiation or mediation, the court will intervene to make decisions regarding custody and visitation.

Each parent will have the opportunity to present their case to the court, and the judge will consider various factors, including:

1. The child's age and needs.
2. Each parent's ability to care for the child.
3. The relationship between the child and each parent.
4. Any history of abuse or neglect.
5. The child's preference (depending on age and maturity).
6. The stability of each parent's home environment.

Any special needs or considerations of the child will also be considered before the court comes to a decision.

Visitation Schedule

Based on the information presented to the court, the judge will determine a visitation schedule. This schedule outlines when the non-custodial parent or other parties granted visitation rights can spend time with the child.

The schedule may include regular visitation, holiday and vacation schedules, and any special arrangements such as supervised visitation.

Court Order

Once the court determines the visitation rights, a court order is issued outlining the terms and conditions of visitation. Both parents are legally bound to adhere to the terms of the court order.

Modifying Visitation Orders

Modifying visitation orders is a step-by-step process that can be initiated if there's a significant change in circumstances or if one or both parents believe the current visitation arrangement is no longer suitable.

Here's a general overview of how the process works:

1. Identify the need for modification based on significant changes in circumstances.
2. Attempt informal resolution through discussion and negotiation before filing a petition.
3. File a petition outlining reasons for modification and proposed changes.
4. Serve the other party with the petition and await their response.
5. Attend a hearing scheduled by the court where both parents present their case.
6. Await the court’s decision.

If approved, a new visitation order reflecting changes is issued and legally binding to both parents.

How to Get Child Visitation Rights If You Are a Grandparent

When a child's parents divorce or separate, it can negatively affect that child's relationship with their grandparents. The custodial parent may not allow the parents of their former spouse to see the child.

The same may be true when a parent dies. The good news is that biological and adoptive grandparents who have built strong bonds with their grandchildren can petition the court for visitation rights.

As with all decisions involving children, judges will look at all the circumstances involved to determine whether visitation with a grandparent is in the child's best interests, including children's ages, their wishes, the strength of the grandparent-grandchild relationship, and relationships between parents and grandparents.

How We Can Assist with Child Visitation Matters

Our NYC attorneys at Levoritz Law Firm provide a range of services designed to protect your parental rights while prioritizing the emotional and physical safety of your children.

Here's how we can help:

• Custom Visitation Agreements

  We craft tailored visitation schedules that fit the unique needs of your family, ensuring quality time with your children while respecting both parents' lifestyles and obligations.

• Modification of Existing Orders

  Circumstances change, and so can visitation agreements. Our attorneys are adept at navigating the legal process to modify existing orders to better suit the evolving needs of your family.

• Enforcement of Visitation Rights

  If your visitation rights are being unjustly denied or obstructed, our team will take decisive action to enforce these rights, ensuring your relationship with your child is respected and maintained.

• Legal Representation in Court

  With over 600 court appearances, our attorneys have the experience and strategic acumen to represent you effectively in contested visitation cases.

• Mediation and Negotiation

  We believe in the power of resolution through negotiation and mediation, aiming to reach amicable agreements while minimizing conflict and expenses.

• Advisory Services

  Our team offers legal advice to guide you through the complexities of child visitation laws in New York, helping you understand your rights and options for achieving a favorable outcome.

Why Choose Levoritz Law Firm for Child Visitation Cases in New York?

Choosing Levoritz Law Firm for child visitation cases in New York means opting for a team that combines legal prowess with a compassionate approach to family law.

• Extensive Knowledge: Our team brings over 40 years of combined experience directly to your case.
• Proven Track Record: Levoritz Law Firm boasts a success rate that speaks volumes, with hundreds of court appearances leading to favorable outcomes for our clients.
• Personalized Attention: We recognize that every family situation is unique; our approach is tailored to the specific needs and circumstances of each client.

Navigating child visitation issues can be emotionally taxing. Our attorneys provide not only legal assistance but also emotional support, guiding clients through the process with sensitivity and understanding.