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Simonetti & Associates, Nassau County Divorce Lawyer

Louis F. Simonetti, Jr. – Long Island Visitation Rights Lawyer

Long Island Visitation Rights LawyerLouis F. Simonetti, Jr. is the driving force and founder of Simonetti & Associates as a top Long Island Visitation Rights Lawyer. With over 30 years of legal experience, he draws from his corporate and business background to continue to develop the family law practice he started in 1990. He has considerable experience analyzing various types of business ventures and financial situations, which allows him to maximize property divisions and settlements on behalf of his clients in divorce proceedings.

In addition to being an avid sports fan, Mr. Simonetti dedicates himself to giving back to the community. He has served as general counsel to various youth organizations and religious organizations, providing legal services for their members. He is a lifelong resident of Long Island and the father of four children and has been married for over 30 years.

What Is Visitation?

Just like the rest of New York state, parents on Long Island who do not have physical custody of a child are usually entitled to frequent visitation. If your ex-spouse has obstructed or denied this or if you reasonably believe that visitation with the noncustodial parent is harmful to your children, Simonetti & Associates can help. We use every legal tool available to protect your right to have a meaningful relationship with your children.

How does the court determine visitation?

In a New York child custody dispute, visitation is the default position that courts use when it determines that one parent should get sole custody. The court presumes that frequent, meaningful contact with the noncustodial parent is in the best interest of the child. Despite this, the custodial parent can use evidence to contradict this presumption. The judge may also consider the report of a forensic evaluator, usually a psychiatrist, psychologist, or social worker chosen by the court. The evaluator observes the family and uses a battery of psychological tests to determine and support their findings. The court can choose to restrict or prevent visits if it believes that extreme conditions such as reasonable suspicion of potential harm to the child are happening.

What types of visitation are available to noncustodial parents in New York?

When choosing the type of visitation as well as how much access the noncustodial parent should receive, the courts will always consider what is in the best interests of the children. This will result in the type of visitation such as:

  • Unsupervised Visitation: The parent can be with their child without having a third party present.
  • Supervised Visitation: Another adult such as a court-appointed supervisor must be present during the visit. In some cases, the court allows the noncustodial parent to choose the person who supervises the visit.
  • Therapeutic Supervised Visitation : A mental health professional acts as the visitation supervisor and helps to improve parenting skills.
  • Neutral place of exchange: If the parents share a history of explosive behavior that may include domestic violence, the court may order them to exchange the child in a neutral place.
  • Monitored exchange: A third party must be present when the child goes from one parent to the other to make sure the parents maintain a safe and calm demeanor.

Can a parent modify court-ordered visitation?

 
Either parent can try to alter a visitation order by asking the court to add or remove restrictions. A parent with a troubled history who has taken serious steps toward rehabilitating their behavior may feel justified in approaching the court to adjust visitation terms. Another likely scenario is when parents agree to new terms. At this point, they can submit a signed modification agreement for the court’s approval. Another common issue is the effectiveness of an existing visitation order when either parent feels the other is failing to live up to the original terms.

If either parent re-marries, visitation rights may need to be re-examined by the courts as the best interest of the child may have changed during that time. Ideally, a remarriage should not negatively affect the child. However, some circumstances including a new step-parent’s history of drug use, or violent behavior might be a cause for concern.

Whether you live in Nassau or Suffolk County, our divorce attorneys can assist with visitation disputes to best represent your rights as a parent and protect the welfare of your child.

What about Grandparents Rights?

In New York State, Grandparent Visitation Right issues exist in circumstances where it is in the child’s best interest to continue visitation. In cases when there is an existing strong relationship between the grandchild and the grandparent is being disrupted or evidence that a relationship will help foster the growth of the child, it is important for grandparents to exercise their legal rights.

In cases where a child lives out of New York state or there is a history of the grandparent exhibiting negative behavior such as abuse of drugs or alcohol, it is unlikely that court-ordered visitation will be granted. It is important to keep this in mind when considering taking your visitation case to court.

Do Siblings have rights to Visitation?

Although not as common, custody arrangements will sometimes separate siblings based on circumstantial evidence or child preference. When considering what will be in the best interest of your child, it is crucial to take in consideration the bond they have with their sibling.

Siblings have a right to maintain the current relationships they have, especially in cases where that familial bond will be in the betterment of both siblings.

Call our Long Island visitation rights lawyer for a complimentary case evaluation

With more than 30 years of experience, Simonetti & Associates will work to solve your custody and visitation problems as quickly and inexpensively as possible. We offer flexible hours at our offices in our Syosset and Water Mill locations, and will even return your calls after business hours. For your free initial consultation, call 877-385-2560 or contact us online.

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    From Our Blog – Can Visitation Time Be Modified?

    One of the most challenging matters after a divorce is dealing with child custody. It is possible to alter the child custody or visitation order put in place; however, there is a process you have to go through. The process varies by state law, but our dLong Island Visitation Rights Lawyer can clarify the rules for your specific situation. Simonetti & Associates can guide you through child custody matters and help you file a petition for visitation time modifications.

    Can Child Visitation Times Be Changed?

    Long Island Visitation Rights Lawyer

    Either parent of the child can petition a New York court to modify child visitation. However, it is required to show a substantial change in circumstances. If both parents agree on the modification before requesting the court, it can save time. However, if you and your ex-spouse cannot come to an agreement, our Long Island Visitation Rights Lawyer can join your side.

    Reasons To Modify Visitation Time

    Family courts only alter child custody agreements or visitation orders when there is a valid reason and the modification is in the child’s best interest. Common reasons a divorced parent may put in a child custody modification request include:

    • Change in the circumstances: Children’s schedules change as they get older due to school, sports, etc. Therefore, a child custody order that might have worked before may not work now because the child’s schedule is altered.
    • Emergency: A divorced parent may request a modified visitation time due to an emergency. This can include physical, emotional, or mental health crises that prevent the child from being with the parent.
    • Relocation: A preexisting order that defines visitation may become unworkable if either parent moves out of state. In that case, the family court may modify the custody order to accommodate the family’s changed circumstances.

    Contact Our Long Island Visitation Rights Lawyer

    While you can petition for a visitation time modification on your own, hiring an experienced Long Island Visitation Rights Lawyer can help you immensely. The outcome of a child custody request can seriously impact you and your child’s lives. Simonetti & Associates can be on your side and fight for your custody rights. Contact our firm today for an initial consultation!


    From Our Blog – Child Visitation after Divorce

    Divorce is a difficult and stressful process, to begin with. When there are children involved, it becomes even harder. When a couple of divorces need to agree upon several factors regarding their children, who the primary caregiver will be, how custody will be shared, visitation schedules, and more are all things that need to be settled when a divorce with children is involved. In these cases, our Long Island Visitation Rights Lawyer is best suited to help you receive the custody you deserve. 

    Types of Custody Agreements 

    There are different types of custody agreements surrounding divorce with children. For one, legal custody is the ability of the parent to make decisions about the children’s lives, including schooling, medical, and general upbringing. This type of custody does not necessarily mean the parent has physical custody of the child and/or most of the parenting time. 

    Sole physical or full custody is where one parent is the primary caregiver. That parent has the children the majority, if not all, of the time. Joint physical custody is where both parents share the caregiving responsibilities and custody of the children. Time with the children is generally split in half between the parents. 

    Our Long Island Visitation Rights Lawyer can help you, and your ex reaches a custody agreement that works best for your family and the child involved. The help of a trusted attorney can be essential in coming up with an agreement that works for the entire family. 

    Long Island Visitation Rights LawyerVisitation Agreements 

    In some divorce cases, the judge will outline the agreement, which allows the parents to work together or make their visitation schedule. Although, sometimes, the parents are still unable to agree on when they should receive time with the children. Our Long Island Visitation Rights Lawyer should be utilized to make your case as strong as possible for the best custody agreement. In this case, the court will pass a judgment for a fixed visitation plan, meaning that parents must follow a specific schedule of what parent has the children without flexibility unless they agree to some change. That change is usually temporarily put into writing and approved by both parents. 

    Supervised visitation occurs with the most severe custody cases. If one parent may be considered incompetent to care for the child or considered a threat or danger to the child’s welfare, visits will have to be supervised by a third party. This often happens when a parent has been absent for a long time and wants to re-establish the relationship with the child. 

    In some rare cases, there is no visitation order. Parents are often granted minimal supervised visitation, virtual visitation, or some type of child visitation. However, if a parent is deemed dangerous or harmful to the child, there may be an order for no visitation. 

    Local Long Island Visitation Rights Lawyer

    If you are going through a divorce involving children, having a trusted Long Island Visitation Rights Lawyer in your corner is important. Child custody and visitation are heavy topics that take serious care and understanding. Contact Simonetti & Associates today for your free consultation. 

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