Bronx Visitation Attorney

When you work with my firm, you can be confident that your case is in good hands. I have been serving the Bronx area since 1989 and I am proud to have an in-depth and up-to-date understanding of the various New York and federal laws governing family law matters and divorce. If you are considering filing a petition for a family law concern, do not hesitate to retain me as your Bronx visitation lawyer.

Bronx Visitation Lawyer

Visitation Rights in New York

After child custody has been established, one of the biggest questions is determining child support. As a parent, you have the right to seek visitation with your child, and while each case may be different, most parents are awarded a set time frame of supervised or non-supervised interaction with their children.

At The Law Office of Ava G. Gutfriend, I understand that obtaining a favorable visitation schedule is important to not only you but also to your child and family. When you work with the Bronx visitation attorney from my firm, I will address your needs and goals and help develop a personalized strategy to help obtain them.

Whether your visitation case needs to be settled outside of court through mediation or you need an aggressive litigator to fight for your rights in a court of law, you can rely on my firm. If you are in the midst of a divorce proceeding and you are seeking a favorable visitation schedule, you need to work with the Bronx visitation lawyer my firm.

The Law Office of Ava G. Gutfriend can assist you with enforcing visitation schedule and modifying an existing divorce decree to help you obtain the most out of your time with your children. I understand that families grow and change and that the needs of individuals can adjust over time. If you are facing a visitation complication, consult my firm.

Who is Allowed Visitation in New York?

In New York, visitation is only granted to those who have the right to visitation. 

Those who may file for an order to request visitation are:

  • The child’s parent
  • The child’s grandparents
  • The child’s siblings
  • The child’s step-siblings

If you do not have this relationship with the child, you will not be awarded visitation, no matter how close you are to the child.

Establishing Visitation Schedules in New York 

Although establishing a visitation schedule is optional, it may help in completing your parenting plan which is required for settling divorce in New York. Before creating a schedule, be sure to consider what your child needs.

What to consider when creating a visitation schedule:

  • Your relationship with the other parent -- the schedule will require communication and coordination with the other parent. Take care not to expose your children to fighting and conflict during visitation.
  • Child’s preferences -- if they are old enough, talk to your child about their preferences
  • History of abuse -- your child must be protected from physical, emotional, or sexual abuse
  • Child’s age and temperament -- babies and toddlers must see each parent regularly and frequently, whereas teenagers may need a schedule that fits with their social life. The schedule may be modified as they get older.
  • Child’s special needs -- ensure that the schedule allows for your child’s medical, developmental, educational, emotional, and social needs
  • Child’s ability to adapt to change -- divorce may be difficult for your child to adjust to. Consider a plan that allows your child to contact both parents so that they feel safe and secure
  • Child’s schedule -- be sure that the schedule does not interfere with their education -- homework, projects, and extracurricular activities
  • Child’s siblings or other family members -- ensure that the schedule allows your child to create and maintain good relationships with the rest of the family
  • Travel time for your child -- the schedule should be practical in the time it takes to travel from each parent and other places where the child spends their time
  • Both parents’ schedules and lifestyle -- consider your work schedules and activities. If one of you travels frequently, a flexible schedule may be needed.
  • Which responsibilities will be shared -- discuss which responsibilities will be or not

What Do I Do if I'm Being Denied Visitation With My Child?

If you were denied visitation with your child, you may file a petition against those who have custody of your child. In some cases, visitation is granted, but the other parent interferes with your time occasionally. Typically, make-up visits may help with this, however, if the interference continues, there are other ways to  fight against it.

Ways to stop visitation interference:

  • Chastisement -- first offense and the divorce Court believes a warning will stop the behavior
  • Change of Custody -- repeatedly denying visitation may show the Court that the custodial parent is not fit to be the custodial parent. Many factors are considered to determine the “best interests of your child”
  • Suspension of Future Support -- the Court may rule to suspend future alimony or child support. This is typically saved for consistent denials of visitation

Can Visitation Be Modified?

In New York, either of the parents may petition for visitation rights to be modified, however, to do so, they must be able to prove that there is a “substantial change in circumstances”. An example of this is a change that is enough to affect the child’s life in a negative way; that the current arrangement is no longer in the best interest of the child.

Legal Guidance from a Trusted Bronx Visitation Attorney

Any case that involves children can quickly turn into a battle, and without the right legal assistance, you may be facing a lengthy court proceeding. In order to ensure that your rights are protected and that your child's best interests are kept in mind, I encourage you to work with my firm. I have been practicing law since 1989 and I keep myself up to date with all legal changes in regards to family law in New York and at the federal level.


Are you seeking counsel for your family law issue in New York? Contact a Bronx visitation attorney from The Law Office of Ava G. Gutfriend today and schedule a consultation!


 

put our respected firm in your corner

When you’re ready to take the next step, our experienced legal team is right here to help. Find out what it’s like to work with us in an initial consultation. We will discuss your case, taking care to explain your options and legal rights. To schedule a consultation, contact The Law Office of Ava G. Gutfriend by submitting a case evaluation form or calling us directly. I look forward to providing you with outstanding representation, trusted advocacy, and experienced counsel.

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