Protecting Your Relationship with Your Child

New York Child Visitation Lawyer

At Levoritz Law Firm, our New York child visitation attorneys are dedicated to securing your parental rights and supporting the well-being of your children. We navigate the complexities of visitation agreements with compassion and precision.

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.

Compassionate and Effective Divorce Representation in New York City

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.

Contact Levoritz Law to Discuss Your Child Visitation Case

Do not take chances when it comes to maintaining your relationship with your child. Get the help of an experienced child custody attorney who will stand up for your interests and those of your child in visitation decisions.

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:

    • The child's age and needs
    • Each parent's ability to care for the child
    • The relationship between the child and each parent
    • Any history of abuse or neglect
    • The child's preference (depending on age and maturity)
    • 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.

Contact a New York Child Visitation Attorney

Our skillful NYC child custody lawyer has years of experience successfully helping parents resolve complicated custody and visitation issues. Reach out to Levoritz Law Firm today to schedule a consultation and learn how we can help you.

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

    Streamlining the process for couplesIf 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. in agreement, minimizing stress and time.

  • 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.

Real People, Real Stories

Meet Our NYC Child Visitation Law Team

Serving New York City & The Suburbs

Levoritz Law Firm proudly serves families across New York City and surrounding areas, providing skilled legal guidance wherever you are.

Schedule a Consultation with NYC Child Visitation Lawyers

Ready to protect your visitation rights and secure your child's future? Schedule a consultation with our New York City child visitation lawyers at Levoritz Law Firm today.

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FAQ

  • What are reasonable rights of visitation?

    Reasonable rights of visitation means that the court has granted the noncustodial parent visitation but has not set a specific schedule. Instead, the court allows parents to determine a visitation schedule within a framework of what is reasonable when it comes to dates, times, length of visits, and other factors. 

    If parents cannot agree on a reasonable schedule, the court may develop a fixed schedule stating exactly what days of the week, for how long, and where visitation will take place.

  • Can the custodial parent deny visitation?

    While some custodial parents may deny visitation out of anger at the other parent or even because they fear for the child's safety, they cannot legally do so. Custodial parents who deny visitation may be held in contempt of court. 

    If you are being denied visitation, we can assist you in having the visitation order enforced, beginning with filing a custody/visitation enforcement petition with the court. If you are a custodial parent who has reason to believe your child may be unsafe with the other parent, you can file a petition to have the order changed. 

    If the judge agrees, supervised visitation may be ordered in which a third-party supervises the visit. In extreme cases, visitation rights may be revoked. If you believe your child is in immediate danger, call 911.

  • How can I have a child visitation order modified?

    If there has been a substantial change in circumstances, you can file an order with the court to have the previous custody and visitation order modified. Reasons the court might modify custody and visitation orders include moves out of state, serious health problems of one of the parents, changing financial circumstances, domestic violence, and other issues. 

    Once the judge reviews the request and hears evidence from both sides if the request is being disputed, they will determine whether it would benefit the child. If it would, the modification will be approved and become the new order. If not, it will be denied.

  • How can a father get child visitation if the parents were never married?

    To get visitation with your child as an unmarried father, you must have paternity established. If the child's mother agrees that you are the father, you can both sign a voluntary acknowledgment of paternity form with the state. 

    If she denies that you are the father, but you believe you are, you can petition the court to have paternity established through a DNA test. Once it is established, you can file a petition with the court asking for visitation or even custody.