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When it comes to the dissolution of a marriage, there are important participants who have very little voice in how their desires and rights are being attended to — the children.
Often, when there is acrimony in a divorce, the children’s desires get caught up in a firestorm between hurt and distraught parents, most often unknowingly. Parents want the best for their children, but in times of emotional turmoil, it’s hard to separate the child’s needs from their own. This is where the skill of a visitation rights lawyer becomes essential.
When parents can come together to decide what best fits the emotional and financial care of their children, it is a wonderful thing. However, this is not always what happens during a contentious divorce.
Over my 15 years as a practicing family law attorney in New York, I have led my clients to the effective resolution of their child custody and visitation disputes. We do this in a way that honors their needs and goals but always considers the best interests of the children first and foremost.
With multiple frameworks to use from mediation to litigation, I take time to develop a healthy attorney client relationship and an emotionally refined approach. In this way, I try to understand what has transpired and what is best for my clients and their children to move forward beyond divorce into a future that supports them both emotionally and financially.
When it comes to divorce, the courts ask and act on the big question — what is in the best interests of the children? To do this, many things are taken into consideration:
Even in cases where one parent is granted sole physical custody, the other will have the right to visitation. The courts recognize that it is in the best interests of the child to maintain a close and loving relationship with both parents.
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Courts today realize that children are enriched by access to both parents and take a more nuanced approach to visitation rights for a noncustodial parent. Consequently, a visitation schedule can be as unique as each family requires.
Although a very common visitation schedule is where the noncustodial parent has access to the child every other weekend and a couple of visits during the week, this may not fit parents’ needs and schedules.
Negotiating successful visitation schedules during a divorce relies on an approach that will diffuse animosity and yet remain diligent to the needs of the parents and the children. This is when the skill of a talented visitation rights lawyer is crucial.
Even though the terms custody and visitation are closely intertwined, they have very different meanings.
Under New York family law, legal and physical child custody refer to the primary decision-making responsibilities and where the child will physically reside after the divorce. Both legal and physical custody can be shared (joint custody) or awarded to a primary custodial parent (sole custody).
In terms of joint custody, it may take a myriad of forms to accommodate the parents’ and children’s needs and schedules. Child custody agreements will set out the terms and specific times that parents will share in the custody of their children.
Visitation refers to the time set out for the noncustodial parent to spend with his or her child. Visitation will be determined dependent on the parents’ and children’s needs and schedules and will be set out in a visitation schedule that both parents must abide by. A judge may order supervised visitations if there is evidence that it is necessary for the child’s safety and wellbeing.
There are many different variables to be considered when negotiating the best custodial arrangements and visitation schedules for all parties. A lawyer with experience in family law understands the gravity of these negotiations and the necessity to ensure the rights of the client as well as always considering the best interests of the children.
If, in the future, this schedule or custodial agreement no longer serves the parties, a family law attorney can draw up and file a modification with the court.
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Navigating a divorce, particularly when children are involved, is never easy. A divorce can be a mentally exhausting and emotionally painful time for both partners as well as the children.
While I can never take away that pain, I take time to develop a compassionate client relationship and help them to make the right legal decisions to protect their interests, their children’s interests, and pave the path forward.
With matters of child custody and visitation, there is no more crucial time to have the legal advice of an experienced children’s lawyer. I work diligently to ensure that focus remains on the children when it comes to visitation and custodial issues and to support parents toward that end. Since 2005, I have dedicated my practice to the rights of couples and their children in the throes of divorce so they can go on toward a brighter future.
When you need the skill of an experienced visitation rights lawyer in New York, contact the Midtown offices of Juan Luciano Divorce Lawyer to schedule a consultation. As advocates for the rights of parents and their children, I take the time to understand and represent your needs during a very difficult time. I also offer a location in the Bronx for your convenience.
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