Child visitation: Preserving the parental bond

When a couple makes the decision to divorce in New York, child custody is a central issue. If joint custody is not feasible, the courts usually award sole custody to one parent while granting visitation rights, also known as ‘parenting time’ to the other.

Most visitation schedules are every other weekend and holiday and alternate a portion of school breaks and overnight visitation is not an issue unless the parent does not have a safe or suitable place for the children to stay.

Who decides the visitation arrangements?

The court is not always involved in visitation rights decisions. If the parents can come to an agreement before proceedings commence, an amicable custody and visitation arrangement can be worked out according to each parent’s location and schedule. If the divorce is a contentious one and an amicable agreement can’t be reached, then the court will put together a visitation plan that covers the following:

• Visitation frequency
• Pick up and return times
• Vacation arrangements
• Where the children may (or may not) travel

The wishes of the children are taken into account whenever possible when the court decides on visitation issues. As they grow older, their preferences will carry more weight, but ultimately a judge will put the best interests of the child first.

Grandparents and half-siblings can also apply for visitation rights although the court does not have to grant them.

What are the different types of visitation?

There are three primary visitation types granted to non-custodial parents.

• Unsupervised visitation: The parent may visit at any reasonable time and place, without other people present.
• Supervised visitation: The court orders this arrangement if the non-custodial parent has behavioral or addiction issues or is otherwise a potential threat to the child’s physical and / or emotional well-being. A third party is always present during the visit.
• Therapeutic supervised visitation: These court-ordered visitations take place in a safe and controlled environment, under the supervision of a mental health professional.

Visitation rights will only be denied if spending time with the non-custodial parent would have an adverse effect on the child.

Visitation problems

A lot of divorces in New York are contentious ones, with the parents using the children to punish each other. Visits can’t be refused because the other parent has not honored their child support payment schedule: this type of situation needs to be handled by the court. If a custodial parent refuses to give the other one his or her court-ordered visitations, a judge could step in and change the custody arrangements unless an acceptable reason was given for the denial, such as the non-custodial parent showing up drunk.

Let a New York child visitation attorney help

Child visitation attorneys can help non-custodial parents by advocating a fair visitation arrangement and ensuring that the schedule is honored afterward. If the custodial parent habitually violates any agreement, then the attorney will work hard for both their client, seeking order modifications that preserve the parent-child bond. Unless circumstances dictate otherwise, children are entitled to both parents in their lives. At Eskin & Eskin, P.C., we handle cases in family court and we strive to make visitation possible. Call 718-402-5204 to set up a consultation with one of our highly experienced lawyers. Visit www.EskinandEskinLaw.com to learn more about our family law firm for family law needs.