How Is Visitation Determined
Determining whether or not a non-custodial parent is allowed visitation with the child or children involved in a divorce is a prominent question presented by both parents. When a court awards custody to a parent, known as the custodial parent, a non-custodial parent typically retains some right to visitation.
This is true except in cases in which visitation with the non-custodial parent is determined to be detrimental to the child. Common examples of this include when the non-custodial parent has a history of neglect or abuse. In general, judges view it as the best possible outcome for children when they have some type of relationship and regular interaction with both parents, regardless of which parent maintains custody.
One of the hardest things for a non-custodial parent to deal with is when the other parent or guardians deny the non-custodial parent his or her parenting time. It’s very stressful for a parent who already has limited visitation to be denied the time they were expecting.
When the court enters a custody order, it will usually also be done in conjunction with a visitation order that specifies the times and days that the non-custodial parent can visit their child. If a custodial parent interferes with the outlined rights of a non-custodial parent, a non-custodial parent can go to court with the help of their New York divorce lawyer and file a petition for enforcement of a visitation order. A non-custodial parent in this position should be prepared and give information about the specific instances in which a custodial parent interferes with visitation time. If there are appropriate facts to determine that a violation occurred, the judge can update a visitation order or even impose sanctions or fines on the custodial parent.
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