Carton & Rosoff PC-Attorney at Law

Resolving disputes creatively

Determining visitation schedules for non-custodial parents

In most situations, it is important that both parents have a role in children's lives in New York. This can be accomplished relatively easily when the parents live together and can see the children every day, but this is not an option when the parents are no longer together. In order to ensure that both parents can still be involved, even though it will not be at the same level they were before, there are generally visitation orders to ensure both parents can still be involved and see the children on a routine basis.

Determining visitation can occur in one of two ways, but in either way the determination is based on what is in the best interests of the children. The first way of making these determinations is when the parents can reach agreements. Parents generally understand the situation best and what would work best for their children, so it can work well when the parents reach agreements. The other option is for the parties to litigate the issue and ultimately have a judge decide for them.

If the parents have a judge decide, each decision will be unique to the situation. Generally, however, the non-custodial parent will see the children at least once a week and every other weekend. However, whether the parent has overnights during the week or just dinner with the children depends on a number of factors, such as the age of the children, the distance between the parents and whether the children are in school, among others. If the children are in school, the non-custodial parent may have less time during the school year and more time during the summer. However, there is no set schedule that will work for every situation.

Visitation schedules ensure that both parents will be able to see their children on a consistent and routine basis. The schedule will vary depending on the circumstances, but unless there are reasons, such as domestic violence, that would prohibit a parent from seeing the children, non-custodial parents will have visitation.

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