How to Handle Child Custody Disputes, Visitations, and Parenting Time Disputes in NY

Going through a divorce with children is a complicated process, and both parents must understand the complexities of how parenting time works. In New York, the goal of the courts is to ensure the best interests of the children, and to foster a relationship with both parents. However, even if it may benefit the child, oftentimes, disagreements arise, which makes co-parenting difficult. These differences often concern visitation, custody arrangements, or changes in circumstances. When this happens, it's important to prioritize the best interests of the children, and then work with an experienced family law attorney. These disputes can be managed in a way that protects parental rights while ensuring children have stability and care.

Understanding Parenting Time in New York - Custody Agreement Information

Parenting time, also called visitation, refers to the time a non-custodial parent spends with their child. In New York, child custody is either considered to be legal custody or physical custody:

• Legal custody gives the parent the decision-making authority over the major aspects of their child's life. They can make decisions regarding education, healthcare, religion, etc. 

• Physical custody gives the parent the right to choose where the child resides.

Typically, when one parent has primary physical custody, the other parent is allowed to have a visitation schedule with the child. Depending on the family's situation, this might be on weekends, certain holidays, or summer vacations. 

The court considers the best interest of the child first, and the child may have a say on which parent they want to live with, depending on their age. The courts will look at things like the stability of each parent, if a parent has a good relationship with the child, the residential status of each parent, and other factors. Parents may agree on these arrangements at the start, but things with custody and visitation may change over time. This is when disputes may happen. The team at Divorce and Family Legal, LLC can also advise on how to handle your first divorce court appearance in NY.

Common Causes of Parenting Time Disputes - Issues with Parenting Time Schedules, Visitation, Parental Rights, Poor Living Conditions, and More

There are many reasons why former couples might have disputes over parenting time. Open communication may fail and the disputes can be emotionally difficult for both parents and the child. Here are some of the most common causes: 

• Disagreements Over Schedules - Parents may have different expectations about the visitation arrangement schedule, and this may breakdown communication between parents. Even a minor conflict with a schedule can lead to more serious disputes.

• Relocation - If one parent moves to a different area, child custody cases often have to be modified.

• Concerns Over Safety - Sometimes one parent has safety concerns with the other parent. These might include substance abuse issues, neglect, exposure to an unsafe environment or living conditions, or physical abuse. 

• Work Schedules - If a parent has a demanding job or work hours that are inconsistent, it could affect the previously agreed-upon parenting schedule. 

• Parental Alienation - When one parent tries to interfere with the healthy relationship between the child and the other parent, disputes are common.

• Communication Breakdowns - Unresolved conflicts and poor communication can affect the ability of the parents to coordinate their schedules.

All of these issues require a lot of consideration and attention to detail, as they could affect the child's well-being. Contact with both parents is important in most cases, and the courts will look at this when resolving child custody agreements.

How to Handle Child Custody and Parenting Time Disputes in NY

Parenting time disputes can be overwhelming. However, it's important to learn about how to handle these disputes when they appear:

First, it's important to review the custody order or agreement. Parents are legally bound to follow this agreement. Understanding the agreement can help to clarify if one parent is in violation. 

The next thing to do is to attempt direct communication with the other parent. Being able to resolve a conflict in an open and respectful way is important. Sometimes, a simple discussion can resolve the dispute without having to get legal help. It is recommended to use email or text messaging, as this way, both parents have a record of conversations. 

If this doesn't work, the next step is to use mediation or another type of dispute resolution. In fact, many courts in New York suggest mediation as a way to avoid a full court case. In this case, a mediator will help the parents negotiate and reach an agreement that works for both parents. This can help reduce conflict and allow the child not to have to go through a court case.

If circumstances have significantly changed, such as a relocation, a new work schedule, or a shift in the child’s needs, a parent can request a modification of the custody order. New York courts will only modify existing arrangements if the parent can demonstrate that the change is necessary to serve the child’s best interests.

Finally, when one parent consistently violates the custody or visitation order, enforcement through the court may be necessary. The family court has the authority to impose penalties for repeated violations.

By following these steps, parents can address disputes effectively while keeping the focus on the child’s well-being.

Legal Remedies Available in New York for Custody or Visitation Issues - Legal Custody Disputes and a Child Custody Lawyer

When all of the above efforts fail, legal steps may be necessary to resolve parenting time disputes. Options available in New York include:

• Custody Modification: A parent may request a change to the existing custody or visitation order if there has been a significant change in circumstances.

• Contempt of Court Actions: If one parent refuses to follow the terms of a court order, the other parent can file a motion for contempt, which may result in fines or other consequences.

• Supervised Visitation: In cases involving safety concerns, the court may order that visitation take place under supervision to protect the child.

• Emergency Custody Petitions: If a child’s immediate safety or welfare is at risk, a parent can seek emergency custody through the court.

These provide parents with legal avenues to protect their rights and ensure that the child’s best interests remain the priority. For more information, our divorce lawyers in Albany may be able to help.

Role of an Albany Family Law Attorney - Contact Divorce & Family Legal for Parenting Schedule Disputes

An Albany family law attorney plays a vital role in helping parents navigate parenting time disputes. Attorneys provide guidance on available legal options, assist in negotiating fair agreements, and represent clients in court when necessary. Their knowledge of New York family law and familiarity with local courts ensure that clients receive tailored advice and effective representation. They're able to consult on how to handle divorce with a business involved in NY.

An experienced attorney will understand the complexities of family court and guide you through the court process. These people understand the legal system and the complexities of family law. Many parents cannot handle these disputes by themselves. In this case, they will need legal help from an attorney.

Call Divorce and Family Legal to schedule a consultation.