Visitations For Noncustodial Parents And Grandparents
For the noncustodial parent, obtaining a fair visitation schedule — that is, parenting time — with his or her child is an important aspect of any divorce proceeding. At the Law Offices of David Bliven, we recognize the challenges that a parent can face when trying to maintain a meaningful relationship with his or her child. Serving clients in Greater White Plains, New York, we can work to help you and your spouse come to an agreement regarding the custody of your child as amicably as possible.
Visitation Guidelines in Westchester County
With exceptions including issues of domestic violence, child abuse or a great physical distance between two parents, the law states that a noncustodial parent will receive every other weekend with his or her child, along with a weekly dinner visit.
In general, New York courts will look at what is in the best interests of the child when determining custody, visitation and parenting plan issues. That being said, the courts also recognize that it is in a child’s best interests to maintain stable relationships with both parents.
While visitation and parenting plans are best created through the mutual goals and agreements of the parties involved, it can often be easier said than done. If you and your spouse are facing strong disagreements regarding the custody of your child, it may be time to take legal action.
Can my child’s Grandparents visit in addition to me?
Sometimes custodial parents agree to visits for the non-custodial parent, but then say s/he can’t have their parents (child’s grandparents) present for the visits. What to do?
You can have your parents file a grandparent visitation petition with the Family Court. Generally Family Court will grant grandparents a visit either each month or every other month. If the custodial parent is denying grandparents access – and they live relatively far away from the non-custodial parent, then this may be considered as an option.
Have your parents attempt to resolve the access issue before filing with the petition. Have them write a letter or e-mail to the custodial parent and state how they have previously had a good relationship with their child (providing details of same) & that they wish to continue. Have them ask the custodial parent to provide any reasons why the access is being denied. Ultimately, the Court needs to rule that “equity sees fit to intervene,” and that’s why it’s important to document the formerly good relationship and the lack of a good reason why access is now being denied.
Helping To Protect Your Rights And Interests
Whether you are a mother who feels as though your current visitation schedule is harmful to your child, or a father who is seeking to obtain additional visitation, or establish it in the first place, we can help. We are also adept in helping grandparents assert their visitation rights, ensuring their ability to maintain their bond with the grandchild.
Drawing upon our extensive negotiation experience, we will work to ensure that your child’s most important relationships are protected and preserved. To learn more about how we can help protect the rights and interests of you and your family, call (914) 468-0968, or contact us online to speak with an attorney.