Protecting Family Bonds in Nassau & Suffolk Counties

At Joseph Law Group, P.C., we advocate for parents remaining active and playing a significant role in their children’s lives through fair and workable access schedules. We understand the immense significance of the parent-child bond and strive to create agreements that benefit both the child and the parent.

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Overview of Parenting Time Rights

Child visitation, access and parenting time all refer to the legal right of a parent to spend time with their child. While custody determines where the child primarily lives and how major decisions are made about the children’s welfare, parenting time schedules ensure both parents maintain a significant and meaningful relationship with the child. Time with both parents is vital for children, providing stability and continued contact, promoting emotional well-being and family connections. Parenting time schedules vary based on the family’s needs, but the child’s best interests are always the guiding factor.

Types of Visitation, Access and Parenting Time Arrangements

There are several types of parenting time arrangements that parents or a court may consider when creating a schedule:

  • Unsupervised: This is the most common type of parental access, appropriate in the vast majority of situations. Here, the non-custodial parent spends frequent and regular time with the child. This typically includes regular weekly visits, overnight stays, weekends and time during holidays and other important occasions.
  • Supervised: In those situations where the court believes that a child’s safety or well-being may be at risk, supervised visitation may be ordered. During these visits, a third party, such as a social worker or family member, monitors interactions between the parent and child.
  • Virtual Access: With modern technology, virtual time through video calls, messaging, and other digital means can be used to supplement in-person parenting time. This type of access is beneficial when one parent lives far away or when frequent, regular, in-person visits are not always feasible.

A flexible parenting time schedule should accommodate both the parents and the child’s needs. Holiday schedules, summer vacations, and special occasions can also be included to ensure that both parents have quality time with their children.

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Creating an Access Schedule that Lasts

Formalizing a parenting time/access/visitation agreement ensures that both parents understand their rights and responsibilities clearly. A well-drafted agreement should include clear and detailed schedules outlining when the non-custodial parent will spend time with the child, including regular visits, holidays, and vacations.

The terms of the agreement should always take into account the child’s best interests, focusing on their emotional and developmental needs which by necessity must consider the parent’s needs. An effective child-centered agreement encourages cooperation and minimizes potential conflicts.

Unfortunately, there are occasions where the parents are unable to agree upon an access/visitation schedule. In those circumstances, your future interaction with your child will be dictated by the court. Those cases are particularly difficult, and require committed representation by lawyers well versed in custody cases, who understand your situation and care deeply about the outcome.

Enforcement of Parental / Visitation Rights

If one parent refuses to comply with a visitation agreement, legal action may be necessary to enforce the terms. Parents have several legal options for enforcing visitation orders, including:

  • Filing a motion with the court to enforce the existing visitation order
  • Requesting court-ordered makeup visitation for missed time
  • Seeking a modification of the schedule going forward
  • Pursuing contempt of court charges against the non-compliant parent

Non-compliance with a court-ordered visitation or parental access arrangement can result in serious consequences, including modifications to the custody arrangement and/or an award of legal fees. Proper documentation of all visitation interactions and violations is critical for enforcement actions, ensuring the court has evidence to support your claims.

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Modifications to Visitation Agreements

As circumstances change, visitation and parental access agreements may need to be modified. Common grounds for seeking a modification include:

  • A change in one parent’s work schedule or living situation
  • Relocation of one parent, making the original visitation schedule impractical
  • Changes in the child’s needs, such as school commitments or extracurricular activities

To modify an existing visitation or parental access arrangement, a parent must demonstrate a significant change in circumstances that justifies the adjustment. The legal process involves filing a petition with the court, where both parents can present their case.

Call a Family Law Attorney in Nassau & Suffolk Counties for Counsel

Child access and visitation issues can be challenging, emotions run high, and the well-being of your child is at stake. Experienced legal representation is essential to protecting your rights and securing a visitation or parental access agreement that works for you and your child. At Joseph Law Group, P.C., we provide the resources and guidance you need to achieve a fair and lasting parental access arrangement while working to preserve family relationships. Our child visitation lawyers in Nassau County work to avoid unnecessarily increasing the tension level between the parents when establishing parenting time agreements.

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