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What is decided in a visitation proceeding in New York?

Divorce is never an easy time for parents. In addition to deciding how the parties will split up their assets, where each person will live and how they will deal with their finances, the couple will also have to decide how they will parent their child. This will be decided in a child custody proceeding.

The parents have to decide who will make decisions for the child and when each parent will see the child. Sometimes these decisions are determined at the same time, but sometimes they can be brought as a separate matter if necessary. Parents may be entitled to visitation with their child even if they do not have custodial rights, unless seeing the parent will cause harm to the child. In these situations the court could also order that the parent only have supervised visitation.

The visitation order will set a schedule for the parents. The schedule will set the specific days and times when each parent will have the child in their care. It will also state where and when the parents will exchange the children. The visitation order may also have a schedule for holidays and vacations as well. Ultimately this determination will be based on what is best for the child.

Many parents in New York are separated from the other parent of their child or currently going through a divorce. The parents will have to make many decisions during the process including custody and visitation decisions regarding the children. Seeing one's children is very important for parents and visitations orders determine that, making them very important for parents. Legal help may be available to parents who want to learn more about child custody and visitation in New York.

Source: New York City Bar, "Introductory Guide to the New York City Family Court" accessed on March 14, 2016

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