NYC Visitation Attorney

Protecting Parental Visitation Rights in New York City

The Family Law Court believes that children benefit from the influence of two parents. The custody issue will be determined by who is best suited to provide care to the children, often both parents. Custody can be given to both parents equally as in shared custody, or custody can be ordered on an alternating basis.

Why Choose Our New York Visitation Rights Lawyers?

Custody may be one of the most sensitive issues in a divorce. Our NYC child visitation lawyer at H. Benjamin Perez & Associates, P.C. understands how sensitive this issue can be. Our compassionate handling of this issue has contributed to our Client Choice Award from Avvo® Corporation last year. Over twenty years of experience with distraught parents and grandparents has helped us to hone our skills and become very proficient in helping clients resolve these difficult matters. We are available 24/7 for consultations.

Contact our New York visitation rights lawyers at 646-770-0989. We look forward to working with you.

How Can We Defend Your Visitation Rights?

The rights of noncustodial parents to see their children are often described as “visitation.” However, at H. Benjamin Perez & Associates, P.C., we disagree. Parenting ourselves, we do not believe a parent visits his or her child. Parents raise and nurture their children. Thus, we advocate for as much "parenting time" (as opposed to "visitation") as possible for the noncustodial parent. In addition, grandparents and non-biological parents may also be entitled to spend time with their grandchildren.

We can assist you in the following situations:

  • Enforcement of a visitation agreement by a noncustodial parent
  • Relocation requests, moving requests, and international custody requests
  • Changing the parenting plan by a custodial or noncustodial parent
  • A parent with primary custody or full custody modifies a visitation schedule
  • Grandparents seeking to visit their grandchildren
  • In same-sex couples, protecting the rights of non-biological parents

Visitation Rights Are Determined By The Best Interest of the Children

The Family Law Court will always consider what is in the best interest of the children of a marriage. Consider what will happen in the following situations:

  • If one parent appears more capable of providing a stable environment, that parent may be awarded primary custody. The custodial parent will spend the greater share of time with the child.
  • In shared custody circumstances, both parents will be sharing the parental responsibilities equally.
  • In some custody cases, the court determines that only one parent is capable of providing a stable household for the children and will award sole custody to that parent. In these cases a visitation order will need be issued that outlines the schedule of regular visitation with the children.
  • If the custodial parent fears for the safety of the children during visitation and this is supported by facts, court-ordered supervised visitation can be arranged.

Grandparents' rights may be acknowledged by the court. A grandparent can seek a visitation order as can other relatives of the children, but may or may not be granted, based upon the situation. Modifications of visitation orders can be sought if the circumstances that prompted a sole custody order have changed.

Contact Our NYC Divorce Team for Assistance

When dealing with custody orders it is wise to retain a prominent NYC child custody attorney to represent your parental rights.

Contact us to begin the conversation. We look forward to working with you.


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