When two parents get a divorce or separate, the needs of their child or children are of great importance. One of the ways in which they can continue having interactions with their parents is during scheduled visitations. There are a number of unique aspects of visitation in Albany that individuals should know about if they plan to include it. A hard-working visitation attorney could provide guidance and support as the schedule is determined.
Visitation is the scheduled time that a divorced or separated parent gets to spend with their children. Either parent can request visitation at any time in family court, regardless of whether they are married. If they are married and do not want to get divorced but one spouse is still withholding the children, then the other can go to family court and file a petition for visitation rights.
Any biological parent has standing to request visitation rights. There are also some particular sections in New York’s laws that allow some standing for grandparents and siblings to win visitation rights as well. While it depends on the facts and circumstances of that case, there are others who might be able to request visitation rights.
Visitation is regulated by the courtroom judge. They will come to an initial temporary plan, see if it is working to the satisfaction of all parties, and will report back to the court throughout the process. If it is determined that the current visitation structure is not working, the judge has the power to alter it to better meet the needs of the parties involved.
Depending on the circumstances, a parent could have 50/50 visitation rights with their child. However, if there are concerns about substance abuse or potential violence, they might have their time limited.
Visitation is a specific period of parenting time that a person is entitled to, where they can engage with their children. However, this does not grant them custody and they often do not have the same kind of authority over the child’s lifestyle like that of the residential parent. The visitation schedule needs to be made explicitly clear but the details of that visitation can be as casual or as flexible as the parties would like it to be.
Children of any age are appointed an attorney in New York custody battles in order to help them understand the process and give voice to their concerns and wishes. The amount of weight that a court puts on a child’s desires is typically dependent on their age. The older the child is, the more likely it is that a court will take their desires into account. If a child is adamant that they do not want to change schools and that they are happy where they are, it is more likely that a judge will rule in favor of the parent whose residence allows the child to stay at that school, all other factors being equal. This is one of the more unique aspects of local visitation hearings.
A concerned parent should start looking to obtain visitation rights as soon as the relationship with their partner becomes hostile or acrimonious. They should file as soon as possible because the conflict might end up getting worse. If the co-parent begins withholding from them, or if the co-parent files first and begins talking about an emergency situation that would limit visitation rights, the court might begin the process with a certain idea of the case that might not be accurate. As soon as someone has a feeling that their case might be taking a turn for the worst, they should contact a lawyer immediately.
There are several factors involved in visitation rights that a parent should understand. If you are unsure of how to go about seeking approval or rejection of a visitation request, retain the services of an experienced lawyer. Call now to learn more about the unique aspects of visitation in Albany.
Colwell Law
N/a 
518-462-4242