If you are the parent or close relative of a child over whom you do not have primary physical and/or legal custody, your right to still see that child may come in the form of “visitation” granted to you by a family court. Understanding what rights you have in this regard, and effectively pursuing a court order, is rarely a simple matter. That is especially true if you try to do so without qualified legal guidance.
A Troy visitation lawyer could help you enforce and protect your right to parenting time with your child, whether it requires advocacy during a divorce or separation proceeding, or legal action after a court has already resolved such an issue. In addition, a dedicated child custody attorney could help you request a change to an existing custody order through the proper legal channels, maximizing your chances of obtaining the positive outcome you want.
In most situations, New York family courts make decisions regarding custody of children based on a “rebuttable presumption” that spending time with both of their parents is in a child’s best interests. This specific terminology means that in order for a court to deviate from that approach, someone must present sufficient evidence to “rebut”—or prove incorrect—the court’s assumption. They must show that granting one parent sole physical and/or legal custody would be in that particular child’s best interests.
Visitation, also known as “parenting time,” is the right that a noncustodial parent has to spend time with their child on certain dates and at certain times, potentially under specific circumstances. For example, a visitation order may allow a noncustodial parent to have parenting time with their child in their own residence for a specific evening every week, or at prescheduled times in a neutral public location.
In New York, a family court may grant visitation rights to a child’s biological parent, grandparent, sibling, or step-sibling based on evidence of a positive continuous relationship with the child and the court’s belief that providing visitation rights to the family member would serve the child’s best interests. As a Troy visitation attorney could explain, family courts currently will not grant visitation rights to more distant family members like aunts and uncles, cousins, or step-parents, or to unrelated family friends.
If a court awards visitation time to a noncustodial parent or family member, the parent or guardian with primary custody over that child must adhere to the requirements set out in that court order. In the event a custodial parent inadvertently or intentionally violates the order, a visitation lawyer in Troy could provide crucial assistance with resolving the issue and potentially pursuing legal action against the offending individual.
Legal counsel could also play a vital role in petitioning the court to establish an updated visitation order that better reflects the current circumstances of a child and their noncustodial family member. Provided the petitioning party can show that a substantial change in circumstances has rendered an existing order untenable, the court has the authority to change specific terms in the current order. Alternatively, they could replace it with a completely new one.
Maintaining parenting time with your child can be critical not just to your relationship with them, but also to their own development and future wellbeing. Unfortunately, obtaining visitation rights in New York is not always easy. It can be especially challenging if you do not have help from a lawyer who has assisted other people in situations like yours before.
A conversation with a Troy visitation lawyer could put you on track towards a positive end result. Reach out to us today to schedule a meeting.
Colwell Law
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