Visitation

Quick Overview

This page covers Visitation as it applies to divorce and family law in New York. Use this summary as an orientation; the original content below remains unchanged.

Visitation refers to the right of the non custodial parent to spend time with his or her child. If the parties do not agree on a visitation schedule, courts will determine what visitation is appropriate based on the “best interests” of the child. Typically, a child’s best interests lie in spending quality time with both parents, regardless of which one enjoys residential custody.

A commonly used visitation schedule is for the child to spend every other weekend (usually from Friday evening until Sunday evening) with the non custodial parent. In addition, the non custodial parent usually enjoys at least one dinner visit each week with the child and sometimes more. In addition, a visitation schedule will include a sharing of legal and religious holidays as well as school recess periods with the child, birthdays of the child and each parent and finally, visitation during the summer months. While the above visitaton is generally “standard” for the non custodial parent, there are countless variations, ranging from an equal sharing of parenting time with the child by each parent, to less traditional schedules which enable a non custodial parent to spend far more time than a more traditional, “standard” schedule and are limited only by the creativity of the parents and their respective lawyers.

Whether determined by a Court, or agreed to by the parties, any visitation schedule should be made with the best interests of the child in mind. Whether you are in the process of negotiating a fair visitation schedule, or require assistance in modifying an existing schedule of visitation, you need an attorney who is experienced in child visitation issues. Please call Michael A. Cohen at 516-280-6806 , an experienced and creative child visitation attorney.

Frequently Asked Questions

Do I have to prove fault to get divorced in New York?

No. New York recognizes no‑fault divorce based on an irretrievable breakdown of the marriage for at least six months. Fault grounds still exist, but most cases proceed on no‑fault.

How long will my divorce take?

It depends on issues like children, property, and cooperation between spouses. Uncontested matters may resolve in months; contested cases can take longer due to discovery, motion practice, and court schedules.

Will I have to appear in court?

Uncontested cases may be handled mostly on paper. Contested matters often require conferences, depositions, or hearings. Your attorney will manage court appearances and briefing.