Buffalo Visitation Rights Lawyers Assists Noncustodial Parents 

New York law firm provides sound legal guidance in sensitive matters

Visitation, also called parenting time, refers to the right of noncustodial parents to spend with their children. Our attorneys at the Law Offices of Randy S. Margulis in Buffalo bring more than 30 years of experience to helping separated and divorced parents in Western New York uphold their visitation rights. You can trust us to work hard in establishing and enforcing fair parenting time arrangements that allow you to spend quality time with your child. 

Determining visitation/parenting time in New York 

The New York family courts generally encourage frequent and meaningful contact with both parents. Unless there is a history of domestic violence or neglect, the parent who does not have primary child custody will typically have visitation rights. Parents can decide the visitation schedule between themselves. If they can’t agree, a judge will order arrangement that serves the child’s best interests, taking into account such factors as the child’s age, relationship with each parent, cooperation between parents and each parent’s ability to provide a stable environment. We can assist you in negotiating fair parenting time or will advocate for you in court if you and the other parent are in dispute. 

Types of visitation arrangements

There are various ways visitation can be arranged depending on the situations of the parties and the specifics of the custody order. Noncustodial parents may visit the child every other weekend and a couple of days during the week, for example. Parents may alternate having the child on major holidays and split vacation time between them. In cases where there are concerns about the child’s safety, supervised visitation, in which another adult is present, can be ordered. If a parent relocates, virtual visitation could be part of the parenting time plan. Our lawyers will consider your goals, circumstances and your child’s interests to help you get the most beneficial outcome. 

Enforcement of visitation orders

If the custodial parent denies you visitation or otherwise is not following the terms of the order, there are strategies to compel compliance. A demand letter sent by our office outlining the violation(s) and asking for compliance can sometimes serve to resolve the issue outside of the courtroom. If cooperation isn’t forthcoming or there are frequent or egregious violations, filing an enforcement petition in Erie County family court may be necessary. Be sure to document dates, times and how the order was violated as enforcement evidence. Judges in these cases may give the parent whose visits were denied make up visits, impose fines on the violating parent or hold them in contempt, or even modify custody/visitation orders depending on the specifics of the case. 

Asking for modifications to an existing parenting time order 

Sometimes modifications to visitation orders are needed due to life changes. To modify an order, you will have to prove to the court that there has been a significant change in your circumstances, those of the other parent, or of the child, since the existing order was made. Significant changes can include:

• Parental misconduct, including violating visitation order
• Parental relocation
• Changing parental work schedules
• Changing financial situations
• Concerns about child abuse or neglect
• Changes to the child’s needs

The court will modify the order if they are convinced the change is in the child’s best interests. If you are seeking a modification, we can help you develop a sound case. If you disagree with the other parent’s request to modify the order, we will build the strongest possible defense on your behalf. 

Contact our Erie County visitation rights attorneys to learn how we can help 

The Law Offices of Randy S. Margulis, located in Buffalo, assists parents in Erie County and throughout Western New York with negotiating child visitation schedules and enforcing visitation orders. To arrange a consultation with an experienced family law attorney call 716-886-9600 or contact us online.