Brooklyn Family Law Attorney Helps Clients Enforce Child Visitation Rights in NY
With more than 20 years of legal experience, Brooklyn divorce and family court lawyer Robert Gershon understands the importance of enforcing child visitation rights. He explains, “separation and divorce can be extremely hard on all involved, including the children. It is critically important that fair visitation agreements be in place for the best interest of the children as well as the parents.” Child visitation is a frequently disputed issue, one that an experienced Brooklyn divorce lawyer like Robert Gershon can handle.
In New York, children have the right to a meaningful relationship with their parents. Parents will either negotiate and agree to a custody arrangement, or a Brooklyn family court judge will issue a custody order. Additionally, the parties often enter into a child visitation agreement or the court in Brooklyn will order a child visitation schedule to which the parents must adhere.
Are you concerned about spending sufficient time with your children? Do you have concerns about your former spouse’s time with the children? You are not alone – these are frequent concerns. Rob Gerson can work with you to achieve a positive outcome.
Because so many factors go into child visitation arrangements, it is crucial that you are represented by an experienced Brooklyn matrimonial lawyer who understands your parental visitation rights. Your visitation rights are governed by complex rules. You need a child visitation lawyer in Brooklyn, such as Robert S. Gershon, who has extensive experience navigating New York custody and visitation laws. His experience can make a tremendous difference to the well-being of your children and the outcome of your case.
How Do New York Courts Make Child Visitation Decisions?
Child visitation refers to the parenting time the non-custodial parent gets to spend with the child when the other parent has custody. In a joint custody arrangement, visitation is typically not an issue because both parents share time with their child.
Assuming there is no agreement between the parties, a family court judge in Brooklyn will decide on a child visitation schedule after hearing from the lawyers. As with custody decisions, many factors are considered in this decision. The best interest of the child is always at the heart of any court ordered child visitation arrangement. The presumption is that children should have meaningful relationships with both parents.
There is no specific formula to decide child visitation. If you are the non-custodial parent, you may have to present your case to a judge to show that more visitation time with your child is in their best interest. The custodial parent can dispute this and seek to limit or block visitation.
Whether you are seeking visitation rights, or believe that the other parent of your child should have limited or no visitation rights, you need legal assistance. An experienced Brooklyn matrimonial/family lawyer can help you through this challenging legal process.
In Brooklyn, the court will consider factors that are similar to those in custody dispute. For instance, a non-custodial parent may have to show that he or she:
- Is in a rehabilitation program or seeking assistance for harmful behavior;
- Has a history of positive interactions with the child;
- Completed psychological testing to support parental fitness; and/or
- The custodial parent is interfering with his or her efforts to establish or continue a positive relationship with the child.
On the other hand, a custodial parent may wish to provide evidence to contradict the other’s fitness to visit the child. He or she may need to show that the parent:
- Poses a physical danger to the child;
- Has an unresolved addiction issue;
- Is involved in criminal activity; or
- is psychologically unfit.
Modification of Child Visitation Agreements
Child visitation agreements or orders are subject to modifications. When circumstances change, parents can petition the court to make necessary changes to a child visitation schedule. This may occur when:
- A parent moves;
- A child develops special needs;
- A child becomes involved in activities on weekends or after school;
- A parent remarries;
- A parent relapses or develops an addiction; or
- A parent commits a crime.
These are just a few of the examples of the reasons for modification. There are countless others that can arise. Rob Gershon, an experienced Brooklyn family law attorney, can represent you and help you develop your case in a way that clearly explains the issues and maximizes your chance for success.
Whether you are trying to obtain parental visitation rights, modify a visitation agreement, or prevent your ex-spouse from seeing your child, speak with Mr. Gershon today.
Types of Child Visitation in New York
Parental rights to visitation may be limited in certain circumstances. There exists a presumption that a child has the right to a meaningful relationship with both parents. However, visitation is not always granted without restrictions. When the court decides on visitation, it should be based on the best interests of the child.
In New York, including Brooklyn, family court judges can choose from several different types of visitation. The choice will depend on the family’s history of violence, abuse, conflict, and more. Generally, a child visitation order will fall into one of the following categories:
- Unsupervised
- Supervised
- Therapeutic supervised
- Neutral exchange
- Monitored exchange
Remember, as relationships and circumstances change over time, so too can visitation and custody arrangements. You need to be sure the rights of you and your child are being protected and enforced.
Contact our Brooklyn Child Visitation Lawyers
If you are having issues related to custody, separation or divorce in Brooklyn, contact the Robert S. Gershon, P.C., Attorney at Law today.
Is your ex-spouse preventing you from visiting with your child? Do you need to modify a visitation order because your ex has become a danger to your child?
Our office is here to help you. We will analyze the case, compile the evidence and work hard to enforce your parental rights. We can navigate the complexity of the family court in Brooklyn. We understand the complexities of visitation cases. With more than 20 years of experience, Mr. Gershon may be able to help you.
Call us today for assistance with your child visitation, custody, separation or divorce. You can reach our Brooklyn family law office (718) 625-3977 or email robgershon@gmail.com.
