When the parents of a child are no longer with one another, the court help determine custody, visitation, and child support. In New York, judges are intended to look at the larger picture when choosing what parent should have custodial care of the child and which parent should be awarded visitation. Based on the child's best interests, the judge's court order is legally enforced. However, what happens when the decision of the judge is no longer in the child's best interests and one parent seeks to increase or reduce visitation?When can a visitation agreement change?There are numerous factors that go into awarding custody and visitation rights but they all revolve around deciding which are in the best interests of the child. There may be information the court did not know about or the circumstances that have recently changed, necessitating a modification of the order. If the visitation order must be changed, it must be done with court permission and with proof that this change is for the child's benefit.It must be shown that there is a significant change in circumstances, such as:The work schedule of a parent has changed and affects visitationOne parent plans or wants to move to another placeThe child needs greater influence of the other parentSubstance abuse and harmful behaviorThe court system generally believes that a child should spend time with both of their parents. Even a parent that is shown to be abusive may be allowed to have supervised daytime visits with their child. Depending on the relationship of the parent and the child, the modified visitation agreement may enforce updated standards.Children have a right to have contact with both of their parents. While circumstances may require that one parent has their visitation rights limited or expanded, the child needs to remain at the center of these considerations.Need help modifying a child visitation agreement? You need an attorney that will prove that this change is in your child's best interests. With nearly 30 years of legal experience as a Huntington, NY divorce lawyer, you can be sure that I know what the court will be looking for. Call today for legal representation you can trust!
