Establishing visitation is an important part of any custody arrangement and can be invaluable in fostering family continuity after a divorce or other domestic parting. If you are considering enforcing your visitation rights, a basic understanding of New York visitation laws will help you be better informed of your rights as well as prepare you for your first consultation with a qualified New York family law attorney.

How is visitation established?

Visitation is established by an official court order. It is usually established at the same time as custody. However, a petition for visitation can be filed at any time after custody is awarded or even outside of a custody situation. The parties involved have considerable leeway in setting forth the visitation terms. Some parties opt for more flexible terms and state that the visitation will be reasonable, while others set forth a particular number of days a month or specific portions of the year, such as summer vacations or holidays, that are to be spent with each party. Both parties should carefully consider the conditions set forth in the visitation schedule before agreeing to the terms, as those who violate or otherwise interfere with a visitation order could be held in contempt of court or face other sanctions including loss of future rights.

Who can petition for visitation?

The most common application of visitation is when a custody arrangement is made between biological parents. However, visitation is not limited to biological parents: adoptive parents, step-parents, grandparents, and other family members can also be awarded visitation by New York courts. In order to be granted visitation, a party must have both legal standing to participate in a visitation proceeding and visitation must be in the best interest of the child.

Can a visitation order be changed?

Once issued, a visitation order can be changed in some cases. In order to modify a visitation order, the party who is petitioning for the change must prove that the surrounding circumstances have substantially changed since the original visitation order was issued and that the modification of the order is in the child’s best interests.

Do I need a lawyer for a visitation action?

A reputable and experienced family lawyer is an invaluable resource as you prepare to establish your visitation rights. Because a visitation order is an official order of the court, it is a serious matter that carries with it significant consequences for those who violate it. Once a visitation order is established, changes are made only in certain circumstances. Hiring an attorney to help guide you through the visitation process is a decision that will ensure that you receive both the visitation rights to which you are entitled and an arrangement that is in the best interest of your child.

The Law Office of Stacy Sabatini, Esq., located in New City, NY, serves family law clients throughout Rockland County, Orange County and Westchester County. For more information or to contact us, please visit www.sskfamilylaw.com.