Hudson Valley Child Visitation Laws
Child visitation rights refer to the provision that one parent is granted
to spend time with his or her child. Visitation is an aspect of divorce
law that can often be filled with emotion and angst because the care of
the minor is of primary importance to both parents. If that is your concern,
we encourage you to schedule a
complimentary case evaluation to find out how we can best assist you through this process. As one of
the most contested issues in any family law case, you should retain the
services of our
Hudson Valley divorce attorneys at your earliest convenience.
Types of Visitation Under New York Law
Visitation rights, also called "parenting time" or "parental
access" in New York, are often granted to the noncustodial parent
in a divorce proceeding. If granted visitation rights by the New York
family courts, a visitation schedule will be created that specifies when
the noncustodial parent is permitted time with the child. Several different
forms of visitation can be granted to reflect the ability of the noncustodial
parent to visit his or her child. The three types of visitation include
unsupervised visitation, supervised visitation, and therapeutic supervised
If unsupervised visitation is deemed dangerous to the child, supervised
visitation may be ordered. This may be ordered based on the presence of
extraordinary circumstances that show that visitation would be detrimental
to the well-being of the child. Supervision can also be conducted by a
quasi-government agency or by another family member. In time, the parent
with supervised visitation may be allowed unsupervised visits. Therapeutic
supervised visitation is designed to help the court gain a better understanding
of the noncustodial parent's behavior during visitation sessions.
Enforcement of Visitation Rights
If either party has taken actions to disregard the visitation agreement,
the court can get involved to ensure that the visitation order is enforced.
If the custodial parent interferes with the ability of the noncustodial
parent to see his or her child during scheduled visitation hours, then
the noncustodial parent can file a petition for enforcement of a visitation
order. Legal action can also be taken if the noncustodial parent has violated
the visitation arrangement. The parent bringing about the court action
should be prepared to testify with information regarding specific interferences.
At that point, a hearing will be held, which may result in a circumstantial
change to the visitation order, the imposition of sanctions, or a fine
against the offending party.
Visitation rights can be suspended if exceptional circumstances are presented.
In such cases, it must be proven that the child would be placed in danger
if visits were to continue. Both parties should ensure that the visits
are able to continue in the manner ordered by the court. If you are in
need of a
modification of visitation rights, speak with a lawyer from our firm at once. We have more than 15 years
of experience and can assist you through each step of your case.
Contact Michael R. Varble & Associates, P.C. today for the legal representation you need!