Upon dissolving the marriage, generally one party will have physical or residential custody and the other, the non-custodial parent, will enjoy rights of visitation or a shared parenting time schedule. The non-custodial parent has the right to be with the children according to a predetermined, fixed schedule that is structured to provide the parties and the children a sense of certainty and stability in their day to day lives.
Often this entails a schedule that may include being with the children every other weekend and one or two midweek periods. The midweek visits may or may not include overnight arrangements. In addition, the parties are encouraged to work out a holiday, vacation, and summer schedule that will supersede and replace the regular parenting schedule.
In the event that the non-custodial party is unable to properly care for the children during the visits, the custodial parent may request that the court order direct supervised visitation or therapeutic visitation. During these arrangements the non-custodial parent retains contact with the children while being supervised by a relative, social worker, or mental health professional during a limited period of visitation.
It is also possible under certain circumstances for grandparents to petition the court for grandparent visitation. Such a petition will not be successful without showing an existing relationship with the grandchildren. Further, any visits to be awarded to the grandparents must be shown to serve the best interest of the grandchildren.
More questions on visitation? Reach out to our visitation attorneys in Nassau County.
Holiday schedules will supersede regular weekly schedule and vacation periods, while vacation periods will override regular weekly schedule in most cases.
It is important to understand your visitation rights as a parent, regardless of whether you are the custodial or non-custodial parent. You may wish to negotiate a more favorable visitation schedule or ensure your child's safety with how often they are able to see the other parent. Whatever the case, Jane K. Cristal, P.C. has a collective 80+ years of experience resolving such cases. You can be confident knowing we have a thorough grasp on child custody and visitation laws.
For counsel from a Nassau County visitation lawyer, call (800) 817-5029.