Modification of Visitation in New York
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CHILD VISITATION RIGHTS
The child custody agreement that is established at the time of divorce is perhaps one of the most important aspects of the process, at least in the minds of parents whose relationship with their children stands to be affected as the termination of their marriage commences. It is in this agreement that custody, support, and visitation rights will be established. Visitation rights come into specific play when the custody of children is awarded to one parent over another, making the need for designated times of visitation necessary for the non-custodial parent. There is no set standard for the terms of a visitation agreement. In fact, most splitting couples are encouraged to come up with the conditions of visiting rights on their own or with the help of a mediator or New York divorce lawyer. The judge will then issue approval or disapproval of the established visitation rights.
As with all other matters concerning the children of a divorcing couple, the best interests of the child are always of primary concern when court determinations are made. The same is true after the dissolution of a marriage has been finalized. If the rights of a visiting parent are not sufficient to the meet the primary needs of the children, then there will be cause for change. This can be effected by establishing a change in circumstance such as a geographic move. When it can be determined that the child/children are not benefiting from the visitation of their non-custodial parent for a substantial reason that can be accounted for, legal action to modify the agreement can be taken.