Parents who desire custody of their child need to apply for an order of custody. An order of custody gives the parent the responsibility to care for, live with, and deal with the maintenance of the child. It is not only parents who can file for an order of custody, grandparents or anyone who has a substantial connection with the child can file a petition requesting the family court to grant them custody as well.
Parents also have the option of filing an order for visitation. If a parent hasn’t been allowed to visit the child, then they must petition with the court against the individual who has custody of the child. When the hearing is held, the judge will listen to both matters of custody and visitation. If the court decides that visitation is best for the child, they will allow the parent to go meet their children. If they believe that visitation is against the child’s interests, other arrangements may be made.
When a parent is trying to get custody or trying to get visitation rights, they have the option of undergoing custody or visitation mediation. Mediation is a process in which a trained, neutral person helps the parents work on a parenting plan that works out for their family. A trained divorce attorney can assist with this process.
Mediation is a safe method through which discussions can be held regarding issues affecting the child. Through this process, parents can understand the situation in new ways so their conflicts can be resolved. Once a conclusion is reached, the new plan will be sent to court for approval.
Can an order for custody or visitation be changed in Queens, New York?
If either parent feels like they don’t agree with the custody or visitation order, the party seeking to have the order adjusted must provide evidence that the circumstances have shifted considerably since the initial order was placed. If this is the case, the court will hold a hearing to determine if the change will benefit the child and if changes should be made.
If one of the parents breaks the agreement and they fail to follow the order properly, then the other parent can file a petition regarding their failure to follow the order. The court will hold another hearing and they may either change the order or penalize the parent who violated the first order.
Child custody cases should never be taken lightly because they involve a person’s right to be with their child, and they often also involve the safety of the children. Anyone who is going through a custody battle should reach out to a qualified divorce lawyer at the Law Office of Charles Zolot to help them with their case.
Reach us at:
37-06 82nd Street
Jackson Heights, NY 11372
Phone (718) 779-6545
Fax (718) 779-6640