While property distribution is a common concern in the aftermath of a divorce, child custody and visitation rights are among some of the most important legal matters. Navigating the visitation process can be confusing for both the custodial and non-custodial parent. Here’s what you should know.

A Guide to Child Visitation in New York

How is reasonable visitation different from fixed visitation?

Reasonable visitation is when the court lets parents work out a visitation schedule that works best for them. This requires frequent communication. When divorced parents cannot handle this, courts will order a fixed schedule, dictating the times and possibly even places for visits.

Can grandparents secure visitation rights?

While grandparents may not be involved in property distribution, they can secure visitation rights in New York. Typically, this is only needed in more extreme situations. An example would be when a custodial parent doesn’t allow the grandparents to visit the child.

What’s the relationship between child support payments and visitation rights?

Despite what you may hope or think, there’s no relationship between child support payments and visitation rights. If a non-custodial parent is paying child support, they are still obligated to continue payments even if the custodial parent denies visitation. If a non-custodial parent stops making child support payments, they’re still allowed to visit the child.

Can a non-custodial parent lose visitation rights?

Unlike issues such as property distribution, visitation rights can be changed after the initial ruling. Visitation can be suspended in extreme circumstances where a non-custodial parent’s behavior is viewed as potentially harmful—physically or emotionally—to the child. The custodial parent must make an additional court filing for such changes to occur.

If you have concerns regarding child visitation, property distribution, or other elements of a divorce, contact John E. Bach Attorney at Law in Goshen, NY. With over 30 years of legal experience, this lawyer can guide you through a wide range of family law matters, ranging from divorce to adoption. To learn more about his practice areas or to schedule a consultation, visit him online or call (845) 294-7941.