NYC Visitation Attorney

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 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.

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 nonbiological 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 nonbiological parents

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 whom 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.

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 to 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 such requests 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.