At The Law Offices of Diron Rutty, LLC, our legal team recognizes the sensitive and emotional nature of child visitation for families during a divorce or those who have already undergone the process. Unlike most divorce issues, this is an agreement that will affect your life for years to come, even if you and your spouse both agreed on it when it was signed. You and your co-parent likely will not have the same schedule after divorce, one, two, or even ten years later. You will have to modify your child visitation agreement several times before your children are 18 years old. Experienced attorneys understand this and are ready to help you whenever you need it to make sure the visitation agreement is what’s best for you and especially for your child.
Our team of family law attorneys is experienced in writing and changing child visitation agreements. We are dedicated to protecting the best interests of your child while ensuring that you and/or your spouse have meaningful and consistent contact with them after the divorce is finalized.
What is Child Visitation?
Child visitation refers to the right of a non-custodial parent to spend time with their child following a divorce or separation. The non-custodial parent is the one who does not spend the majority of their time caring for the child. It’s common, even if both parents have legal custody.
This is a crucial aspect of any divorce agreement. It allows the non-custodial parent to maintain a meaningful relationship with their child and actively participate in their upbringing as much as all of their schedules permit.
Factors Influencing Child Visitation Decisions
In New York, child visitation decisions are based primarily on what the court determines to be in the ‘best interest of the child.’ Typically, if the parents can agree on a particular arrangement, the court will agree with them. Two agreeable co-parents should garner support from the court, but there are exceptions.
If you and your partner don’t agree, there are several key factors a court will take into account. These include but are not limited to:
- The child’s age
- The child’s relationship with each parent
- The ability of each parent to provide a stable home environment
- The mental and physical health of all parties involved
- The child’s preferences (if they are of an age to express a reasonable preference)
Types of Child Visitation
In New York, there are two main types of child visitation: scheduled and reasonable.
- Scheduled visitation is when a specific visitation schedule is set by the court, usually on a weekend or holiday basis. This type of visitation allows both parents to plan their schedules accordingly and far ahead of time. It also gives the child a consistent routine. It’s common when parents are having difficulties agreeing during a divorce.
- On the other hand, reasonable visitation allows for more flexibility and is based on the agreement between the parents. While the parents don’t have to get along completely, they get along enough that they can work together to make sure they both see their children.
How Can Child Visitation be Changed Post-Divorce?
As stated, child visitation orders are not set in stone, and with the help of an attorney, you can have them modified. To begin this process, there does need to have been a significant change. This may include:
- Changes in the parent’s work schedule
- Relocation of one parent
- A change in the child’s needs
Importance of Legal Representation
Securing strong, reliable legal representation is of paramount importance when navigating child visitation issues. The nuances of New York child visitation laws can be complex and challenging to comprehend without professional guidance. Our skilled child visitation attorney can provide you with the necessary legal advice, guide you through the judicial process, and ensure your rights as a parent are upheld.
Trust Our Family Law Attorneys to Protect Your Rights
At The Law Offices of Diron Rutty, LLC, our experienced attorneys are dedicated to providing you with the best legal counsel and representation. We understand the emotional toll a divorce can take and strive to make the child visitation process as smooth and stress-free as possible for our clients. We will work tirelessly to ensure that your parental rights are protected and that your child’s best interests are always the top priority. Contact us today for a consultation and let us help you secure a favorable outcome in your child visitation case.