Parents in New York and elsewhere work tirelessly to meet the needs of their children. This means providing and adequate and safe environment, ensuring that everything they require is provided to them. This is often easier when two parents are providing this care. But because divorce is a likely occurrence in society today, one custodial parent is often caring for their child. In this custody situation, this does not mean the non-custodial parent is not available to provide and be there for their child. Parenting time is also sought through a visitation petition.
What does visitation look like in a custody matter? Because it is often beneficial to have a relationship with both parents, it is considered to be in the best interests of the child to still have interaction with the other parent even if sole custody is established. In these matters, a court may allow the non-custodial parent to spend time with their child absent any good reason for the parent to not be awarded visitation.
It is possible for parents to agree to a visitation schedule on their own. However, if they cannot see eye-to-eye on the matter, it might be necessary for the court decided on an appropriate visitation schedule. Unless a judge finds a good reason to not allow a parent visitation, the judge will order a visitation plan based on the facts entered into the case.
Dealing with visitation matters and hearings is not just for those going through divorce. Separated couples as well as already divorced couples may need to address this issue. Post-divorce, a parent may seek more time or adjustments to the current order. This requires going back to court to modify the order. Those dealing with this or any other custody issue should take the time to understand their situation and how best to resolve it.