Visitation

Visitation/Parenting Time

Visitation/parenting time rights can be some of the toughest and most bitter decisions made during a divorce. Care of minor children is always of primary importance to parents and an experienced divorce attorney will help you prepare a visitation/parenting time agreement that meets the needs and best interests of the children as well as the parents. Visitation, is also commonly known to many parents as “parenting time.” The change in terminology reflects the importance placed upon the parent-child relationship for both parents, not just the parent with whom the children reside. Visitation, simply put, addresses the time children spend with the non-residential parent. Parenting time, however, promotes the parent-child relationship and validates the non-residential party as an equally important parent, not just a visitor. It promotes a stronger bond between the children and the non-residential parent.

Visitation Versus Parenting Time Rights

Visitation and Parenting Time are two separate matters. What needs to be clear is that the non-residential parent has rights. Just because you are not the residential parent does not mean that you have relinquished your rights to spend time with your children. At Berger, Fischoff, Shumer, Wexler & Goodman, LLP our experienced divorce team will help you preserve your rights to see and spend time with your children whether in a joint custody arrangement or in a case of one party having primary residential custody.

The safety of the children is of paramount importance and is always taken into consideration in matters of visitation and custody. Unless there is a good reason one can show the court, such as the risk to the children’s safety, both parents will be granted rights to see their children. Today, more than ever before, the courts promote each parent enjoying as much time with their children as is feasible so as to validate each parent’s role in the lives of the children. At Berger, Fischoff, Shumer, Wexler & Goodman, LLP our attorneys are here to answer any questions you have and explain the difference between visitation and parenting time and unique schedules we have helped implement in the past.

Our Divorce Attorneys, located in offices throughout Long Island and Kings County, maintain safety of the children as the paramount concern. We will aggressively fight for your right to spend time with your children. If you are a parent in search of answers concerning visitation and parenting time, you can call us for a Free Consultation. Our legal team will be happy to explain your rights.

Visitation/Parenting Time Agreements

It is always preferable and usually more beneficial to the children when parents agree on a visitation/parenting access schedule. When parents work together they create a schedule that will not only take into account their respective preferences but, more importantly, the needs of the children. If parents cannot agree to visitation terms the court can decide for them after a hearing. Visitation can be arranged through Petitions which can be filed as a separate case or can be decided during the custody hearing. Through written applications, submitted as part of a divorce or in Family Court proceedings, a parent can apply for a specific parenting time schedule, or to enforce his/her rights to parenting time. When parents are unable to work together and come to an agreement the court will ultimately impose a schedule that it believes is in the best interests of the children, taking into consideration parent work schedules, children’s school and extracurricular activity schedules, and similar factors. Having the court decide how you spend time with your children is usually the less desirable outcome. As parents you ultimately want to make these choices for your child and our attorneys at Berger, Fischoff, Shumer, Wexler & Goodman, LLP will help you work towards an amicable agreement for visitation/parenting time with your children that is fair and equitable to everyone involved.

Changing Your Visitation Order

Based upon a variety of family and life changes, after a judge issues a visitation order, one or both parents may want to alter the order. As children grow their needs, activities, and interests change. In many cases parents move forward with their lives in new directions taking on new partners, advancements in education or new employment opportunities. This may mean changes in homes, school districts and ultimately a need to change the parenting plan set forth by the visitation order. In these cases, a parent can file a Custody/Visitation Modification Petition to be used to change the Custody/Visitation order. Having an attorney at your access with knowledge and experience to guide you in deciding if a modification would likely be successful is imperative.