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Court Revisits Custody and Visitation Rights in Divorce Case


A New York Family Lawyer said in March 29, 1973, an order from the Family Court awarding custody of the child of the parties to respondent and granting visitation rights to the petitioner was entered and appealed by the latter. Consequently, the said order was reversed and the custody of the child was awarded to the mother, the petitioner. For the determination of visitation rights to be granted to the respondents, the proceeding was remitted to the Family Court.

It has been ruled that the custody of this child of tender years has been in the mother pursuant to a separation agreement which became incorporated into a foreign decree of divorce in 1969. The Family Court specifically found the mother not to be unfit.

A New York Divorce Lawyer said the Court have reviewed the record and found that the mother is neither unfit nor less fit than the father. Under these circumstances, it was error for the Family Court to change custody to the father.

In another case of a child custody proceeding pursuant to Domestic Relations Law article 5, the mother appeals from an order of the Supreme Court, Nassau County dated October 14, 2010, which granted that branch of the father’s motion which was for leave to pay a certain portion of his child support obligation to the mother’s attorney for deposit into an escrow account or where money is held by a party but does not belong to the party, instead of directly to the mother, consequently, the order was affirmed.

A Queens Family Lawyer said it has been ruled that a custodial parent’s deliberate frustration of, or active interference with, the noncustodial parent’s visitation rights can warrant the suspension of future child support .Pursuant to a prior order of this Court the father paid one half of his child support obligation to the mother and one half to the mother’s attorney, to be held in an escrow account until the mother could certify, to the satisfaction of the Supreme Court, her compliance with the visitation provisions of an order of the Supreme Court, dated April 28, 2006, and the absence of her interference with the father’s visitation rights. In February 2010 the father moved, for leave to pay, to the mother’s attorney for deposit into the escrow account, the one half of his child support obligation which he had been paying directly to the mother.

A Long Island Family Lawyer said in light of the father’s showing to the Supreme Court that the mother continued to deliberately interfere with his visitation rights, the Supreme Court providently exercised its judgment in granting that branch of the father’s motion .The mother’s remaining contention is without merit.

In case when parents divorce, their children are thrown into an emotional impasse. The order of protection provides an opportunity to define their safety needs.

The focus becomes what is in the best interest of their children when making decisions with regard to custody, visitation and support of the child because the paramount criterion in custody disputes is the welfare and well-being of the child, or the best interest of the child. Custody of children is one of the most extreme aspects in family litigation. It could be an independent case or a mere incident in a divorce case. There are several types of custody which are commonly established and understanding how they differ is an absolute must if you are in any sort of custody dispute. A common type of custody includes full custody, physical custody, residential custody, joint custody and shared custody.

Moreover, in cases where the custodial spouse is interfering with a reasonable visitation agreement, a Court may require the custodial parent to take steps in order to ensure the child and the other parent to have a relationship.

Visitation rights are, indeed, rights, courts-ordered and enforceable. In cases you believe those rights are being violated, Stephen Bilkis & Associates with its Nassau County Family lawyers can fight for your rights and can also represent clients through the complicated legal issues that arise during child visitation and custody cases. They have convenient offices throughout the New York Metropolitan area including Corona, NY.

Our Nassau County Child Custody Attorneys knows that in a divorce or separation cases, the interest of the children must always be looked out for. They have general experience representing individuals in custody and visitation matters of all complexity. They help parents understand the handling of the details on cases of child custody and to the options that can or cannot work for the parties and their children.

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