Queens Visitation Rights Attorney

Understanding Visitation Rights in New York

Whenever children are involved in a divorce, emotions can run high. In most court decisions, one parent is granted custody of children and one parent receives a set schedule of visitation times. The non-custodial parent can sometimes feel cheated or frustrated that they are being denied the right to have continual access to their children.

However, under court rulings, most non-custodial parents will be granted visitation rights. If you are seeking an attorney to help protect your visitation rights and the best interests of your child, you need to immediately contact a Queens divorce lawyer from the Law Offices of Donald Mastrodomenico, P.C.

Call today at (718) 268-8111 or contact us online to schedule your no-obligation consultation and get expert advice from a Queens visitation rights lawyer.

What Are Visitation Rights?

Visitation rights refer to the legal rights of a non-custodial parent to spend time with their child. These rights are typically set by the court during divorce or child custody proceedings. Visitation may also be granted to grandparents or other family members under certain circumstances.

While custody determines where the child will live and who makes major decisions, visitation allows the non-custodial parent to continue participating in their child’s daily life, building a meaningful and ongoing relationship.

New York family law recognizes the importance of both parents being involved in their child’s life, and as such, visitation rights are generally granted to ensure that children can maintain relationships with both parents after separation.

How Visitation Rights Are Determined

When determining visitation arrangements, New York courts focus on what is in the best interests of the child. Several factors are considered to ensure that the child’s emotional, psychological, and physical well-being is prioritized.

The court will assess a variety of aspects, including:

• Parental Relationship: The court will consider the relationship each parent has with the child. Parents who have been actively involved in the child’s life are more likely to be granted visitation rights, although even parents who have had limited involvement may be granted visitation if it is deemed in the child’s best interest.
• Child’s Age and Needs: The age of the child and their specific needs will be taken into account. Young children may need more frequent and consistent visits with the non-custodial parent, while older children may have more input into the visitation schedule.
• Parental Fitness: The court will evaluate the fitness of each parent to ensure that the child’s safety is not at risk during visitation. If one parent has a history of abuse, neglect, or substance abuse, the court may limit visitation or impose supervised visitation to protect the child.
• Child’s Wishes: If the child is of a certain age and maturity, the court may take their wishes into consideration when determining visitation. While the child’s preferences are not determinative, they can influence the final decision.
• Geographical Distance: If parents live far apart, the court may consider the feasibility of regular visitation. The court may order visitation that minimizes travel time for the child or may structure visitation in a way that works for both parents.

A Queens visitation rights attorney can guide you through the process and advocate for your interests by presenting evidence and arguments that demonstrate why your proposed visitation arrangement is in the best interest of your child.

Parental Visitation Rights

As a parent, regardless of the custody situation, you have a right to see your child. Most divorce decrees will outline a specific schedule and/or rules that need to be followed to see your child. If a custodial parent or other party interferes with your visitation schedule or denies visitation to you, you can seek assistance from an attorney.

Court orders for visitation are legally binding, and any person who tries to interfere or deny access to a visitation can be held in contempt of court. If your ex-spouse or any other person is causing complications and infringing upon your parental rights, we encourage you to contact the Queens visitation rights attorney from the Law Offices of Donald Mastrodomenico, P.C. right away.

Grandparents' Visitation Rights

In the state of New York, grandparents' visitation rights are protected under the law. Grandparents are allowed access to their grandchildren and, in some cases, they can seek custody of minor children. In order to gain access to your grandchild through visitation, you need to work with an attorney from our firm. We will help determine who is denying the access and ensure that the court protects your best interests and the best interests of the child.

It is important that you work with a Queens visitation rights attorney from our firm. Our firm is determined to ensure that each party reaches an amicable resolution that will benefit the interest of the child. Contact our team as soon as possible.

Modifying Visitation Rights

As children grow and family circumstances change, it may become necessary to modify visitation arrangements. In New York, either parent can request a modification of visitation if there is a significant change in circumstances.

A modification may be requested if:

• There has been a change in either parent’s living situation.
• The child’s needs or preferences have changed.
• One parent is consistently violating the visitation order.
• There are concerns about the child’s safety during visitation.

A visitation lawyer can help you petition the court for a modification of visitation rights. If a modification is requested, the court will review the current visitation schedule and determine whether a change is in the child’s best interest.

Enforcing Visitation Rights

When visitation arrangements are not being followed, it can be frustrating for both the parent and the child. If the custodial parent is not allowing the non-custodial parent to visit their child according to the court order, enforcement options are available.

A Queens visitation rights attorney can help you understand the steps to take in order to enforce your visitation rights, which may include:

• Filing a motion for enforcement with the court.
• Seeking sanctions or penalties for violations of the visitation order.
• Requesting a modification of the custody or visitation order to address ongoing issues.

If visitation rights are repeatedly denied, it may be necessary to petition the court for a change in custody or other legal remedies.

Working with a Queens Family Law Professional

At the Law Offices of Donald Mastrodomenico, P.C., we are proud to offer outstanding representation to clients facing a variety of divorce-related and family law concerns. Our team has years of experience in providing quality services to our clients and we may be able to help you as well.

We understand that any situation which involves children can be emotional, and that parents and grandparents can feel worried about the interests of children. Our firm will take into consideration all circumstances and work with you to develop a favorable outcome.