Being a parent is an enormous responsibility, but it is an even greater gift. Therefore, one of the hardest parts about breaking up or getting a divorce is deciding on child custody and visitation. At Peter L. Cedeño & Associates, P.C., our New York City divorce attorneys understand the difficult and emotional legal issues that parents face.
You can be confident that we will take the time to listen to your concerns over your visitation matter. We will work diligently to meet your unique goals, and help ensure you can reach a resolution that is in the best interest of you and your family.
In New York, legal custody is the right and responsibility to make decisions for one's child, whereas residential or physical custody determines where the child will live. Since the courts encourage children to have a meaningful relationship with both parents, usually the court will let the parent who doesn't have physical custody have visits with the child.
Visitation rights are located in Article 10 of the New York Code – Family Court (FCT. Law § 1081).
Visitations can be in the following forms:
If a parent is seeking to visit with their child, they may file a petition in family court against the parent or person who has custody of the child. While custody and visitation matters are usually heard in the same hearing, a visitation petition may be filed as a separate matter. Other relatives such as grandparents and siblings may also file a petition requesting an order of visitation.
The court will order visitation if it believes it is in the child's best interests. If one side is interfering with the custody and visitation that was ordered by the court, the complaining party may file a petition alleging the violation of the order. The judge may change the order and/or impose sanctions on the party who failed to follow the court order.
Either parent may file a petition to have a custody or visitation order changed. The party seeking the modification must prove that there has been a significant change in circumstances since the original order was made. The court will conduct a hearing to determine if the modification would be in the child's best interests.
At Peter L. Cedeño & Associates, P.C., our New York City divorce lawyers practiced family law for more than 20 years. We have the knowledge and experience to afford you the legal counsel you need to protect your children and visitation rights. If you are having difficulties securing your visitation rights, please contact our firm and let us assist you and your family.
Please contact our office for more information about child custody and visitation. Our divorce lawyers in NYC are more than glad to help!