The Colwell Law Group, LLCN/a
The Colwell Law Group, LLC 200 Great Oaks Blvd,(518) 213-4204
Albany, NY 12203 Get Directions
Albany, NY 12203 Get Directions
In general, parents have a right to periodically or routinely visit with their children if they no longer live together. The courts are usually lax when it comes to deciding if someone deserves this right. However, there are a few barriers to visitation in Albany that you should know about – whether you are seeking the visitation yourself or you are trying to prevent a co-parent from receiving it. Your best chance at success in this endeavor is by working with a trusted visitation attorney.
If the parent has a major mental health problem, a history of abusing drugs or alcohol, or is currently incarcerated, they may be denied both visitation and custody rights. Local courts have a history of keeping their rulings equal and fair, resisting emotional pleas that are not backed up by evidence. If a party is insisting that their former partner is a bad influence or poses a danger, they must provide concrete proof. Parental rights carry a lot of weight in Albany.
Even if one party has a deficiency that prevents them from securing physical custody of the child, they will usually retain some form of legal custody, barring significant concerns.
When someone has a child in their care, including during visitation time, they have to provide for them, including feeding, bathing, helping with homework, and getting them to school and other appointments on time. They cannot choose to merely engage in the “fun” activities. They must continue their duties as a caregiver.
If work schedules interfere with scheduled visitation time, it is the responsibility of that party to renegotiate or ask the court to modify the existing framework. A person being unavailable for scheduled in-person time is one of the notable barriers to visitation in Albany.
If everything else regarding the situation is normal, and the other parent does not have any evidence against them regarding illicit activities, then it is unlikely that someone will be successful in restricting their former partner from visitation rights. Visitation rights are automatically 50/50 unless there is a serious concern for the child’s safety or wellbeing. A concerned parent could use text messages, emails, videos, medical records, or any other documentary evidence to prove that there is some kind of danger. These are all relevant to the proceedings, which is why a parent should consult with an attorney to get that evidence organized in a presentable way. These are the biggest barriers to achieving parental visitation rights in Albany.
However, if one parent has a history of being more involved in their kid’s activities – such as doctor checkups, school conferences, et cetera – then they might be able to convince the court to allow them more time. It is important to have proof of this prior involvement in order to successfully make the case.
People sometimes come in to a lawyer’s office with evidence that is not admissible by the court. They still need to follow the rules of evidence, including business certification records and other procedures, in order to get this proof into evidence for a hearing.
Either party can contest the visitation rights and parenting time of the other parent. However, there are only a limited number of issues that a person can raise if they wish to get an order changed. A concerned parent should discuss visitation orders with an attorney directly. The court itself will not give out legal advice.
For most people, securing visitation rights is not terribly difficult. On the other hand, if they have a history of substance abuse or domestic violence, that right could be in jeopardy. Learn more about the barriers to visitation Albany by working with a lawyer who has experience working these cases. Reach out today to learn what is possible in your situation.
Seek the help of our experienced legal team today to go over your case and discuss how we can help