Divorce is not something that is easy to go through, and when children are involved it can become even harder. Sometimes joint custody can be issued by the court, but when sole custody is given, visitation comes into play. But how does that work? As a Huntington Divorce Lawyer, we are here to help you understand how visitation in New York is decided.
How Does One Obtain Visitation Rights
Before visitation is discussed, custody must be decided. Many things can factor into who receives custody, such as the parent’s history as a caregiver, financial stability, and the use of drugs and alcohol. When one does not receive custody of a child, a file for visitation can be made. This can usually be done during the same hearing where custody is decided. The court will then determine whether or not visitation would be beneficial or harmful to the child. The child will be appointed an attorney that will inform the court as to what the child wants. If deemed appropriate, visitation will be granted. The visitation schedule can be worked out by the parents independently, but if an agreement cannot be reached, a hearing will take place to determine the schedule. Being a Huntington Divorce lawyer, I would be a part of this process and do everything possible to ensure that the best outcome is reached.
Who Can Be Granted Visitation Rights
- Grand Parents
After Visitation is Awarded
When one parent has been granted visitation rights, the other is not legally allowed to withhold the child. If something like this occurs, police may be contacted to resolve this issue. Visitation rights can be limited by the court if one parent refuses to take part in their scheduled visits. Sometimes the custody agreements of the child need to be adjusted, and if this is the case, we will be here to help.
Why Should You Know These Things
While New York actually holds a lower percentage than the rest of the country, divorce is still the outcome to between 40% to 50% of marriages. When a child is involved, their best interest must always be taken into account, and we will be there to help. If custody cannot be awarded, visitation is a viable option to continue being a part of your child’s life.
The best interest of your children must always be taken into account when one is going through a divorce. As a Huntington Divorce Lawyer, we will make sure that happens. Visitation in New York does not have to intimidate you. Please contact us if you feel this is something that may impact you.