Is Visitation Based Upon The Custody Arrangements Made In A Divorce?

Once you establish that one parent either has sole custody - or under joint custody, primary physical residence - you know that the custodial parent will have the children in his or her household the majority of the time. How many days the non-custodial parent would get usually depends on their availability and the background of that particular case. Has the non-custodial parent been very involved with the children? Have they shown a lot of time and availability for the children? If so, you are talking about something closer to joint custody. If they do not have a lot of availability or if they have a history of non-involvement or personal issues, those factors can result in them having less parenting time. The more serious issues they have, the less time they are going to get.

Under What Circumstances Might I Petition To Modify A Custody Or Visitation Order?

There would usually have to be some relatively serious issues going on to warrant the court revisiting a custodial order. A variety of issues could come forth, such as interference with visitation rights. There can also be issues where the custodial parent develops a mental health issue or a drug or alcohol issue. Perhaps the custodial parent has lost their job and is now living in an undesirable housing arrangement. Sometimes, the parties think they will be able to work out visitation on an informal arrangement and that informal agreement breaks down. Other times, the non-custodial parent has restricted visitation and then, over the course of time, they are able to solve whatever issues they had that warranted them having a restriction on their visits.

For more information on Visitation Based on Custody Arrangement, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (914) 368-7580 today.