When a married couple with children decide to get a divorce, the question of physical custody and visitation comes into play. Visitation is one of the most important factors of a divorce, and if a noncustodial parent has been denied visitation by the ex-spouse, or the noncustodial parent can be harmful to the children, Simonetti & Associates can help.
Visitation is determined by the courts in various ways. The focus of the court is for the child or children to have the most normal interaction with the noncustodial parent as possible, but if the custodial parent feels otherwise, they need to present evidence explaining their reasoning to the court. Only under extremely harsh circumstances will the court prevent a parent from receiving any visitation, although restrictions can be set in place.
There are different types of visitation for noncustodial parents in New York State, including unsupervised, supervised, therapeutic supervised, neutral place of exchange, and monitored exchange. Depending on the circumstances, the court will decide which method of visitation will be best for the child and parents in the long run.
If either parent is concerned about the visitation rights, they can try to change a visitation order by petitioning the court to either add or remove certain restrictions. Whether it be a parent with a troubled history that has taken a serious turn in trying to rehabilitate their behavior, or if both parents have agreed to new terms, then they would be able to ask the court for an adjustment of visitation terms.
If you are in the New York area and are looking for help with your custody and visitation questions, Simonetti & Associates will be able to provide a complimentary case evaluation. We have more than 25 years of experience and are more than happy to help solve your problems as quickly and inexpensively as possible.
Voted Long Island’s Best Divorce Lawyer with over 28 years of experience in Divorce, Child Custody, Adoption, Same-sex divorce, Pre- and postnuptial agreements, Father’s rights, Separation agreements, Protection orders and Meditation. To help keep your legal costs at a minimum, call 877-385-2560.