If you are going through a divorce, an experienced and compassionate attorney at our firm will help you with the numerous issues that may arise during and after the divorce process, including visitation with the children of the marriage. If one parent obtained sole custody through a divorce proceeding, the other parent nevertheless has the right to visit his or her children.
There may be visitation issues when the parties share joint legal custody, but one parent has residential custody of the child or children and the other parent has visitation with the child or children of the marriage. The family law attorneys at Zimmer, Mathiesen & Associates will walk you step by step through the process to ensure that you receive as much visitation with your child or children that you can obtain under the law.
Zimmer, Mathiesen & Associates have been the best for me - Daniel B.
Visitation issues also arise between unmarried parents where one parent has sole custody or residential custody. It is important to understand that other family members may also seek visitation with the children so long as they have legal standing to do so. In order to request or modify visitation rights, you need to file a petition in family court. It is imperative to consult with an attorney prior to filing any petition in family court. One of the experienced attorneys at our firm will ensure that all of the paperwork is filled out properly which will ensure you that you receive the best result possible.
A parent’s visitation schedule with his or her child or children may be made by an out of court agreement or may be ordered by a family court judge. There are various types of visitation including unsupervised visitation, supervised visitation, and therapeutic visitation. It is important to obtain an attorney to inform you of all various options and assist you in order to meet the needs of your current situation.
Unsupervised visitation is the most common type of visitation in New York and gives a parent a significant amount of freedom in visiting with his or her child. If a parent obtains unsupervised visitation, he or she may take the child to his or her home, on vacation, have them for overnight stays, as well as other foreseeable benefits.
Supervised visitation is generally awarded when one parent cannot be alone with the child. This occurs if the parent has put the child in a dangerous situation such as prior incidents of domestic violence or if there a concern that the parent is not capable of acting properly around the child. Someone may be assigned to supervise the visits with the child or the visits may take place at a designated location where a court-appointed supervisor can monitor the visit.
Therapeutic visitation is when a mental health professional supervises the visits with the parent and child to improve the relationship between the parent and child. This type of visitation also helps the parent strengthen his or her parenting abilities. Therapeutic visitation is may be appropriate when the parent’s relationship with the child is suffering for any number of reasons, and this type of visitation may be necessary to strengthen the parent-child relationship.
The best interests of the child is the court’s main concern. The court considers numerous factors in order to determine if visitation should be awarded and what type of visitation is most beneficial to the parent- child relationship.
The following factors are taken into account by the court when contemplating an appropriate visitation schedule: who the primary care giver of the child is, the mental and physical health of the family members, the parenting skills of the parent requesting visitation, the history of the noncustodial parent’s ability to provide a stable environment for the child, the parents’ ability to cooperate with each other, the parents’ work schedules, the child care schedules, how the order will affect the interaction between siblings and other family members, and the desires of the child if he or she is old enough and mature enough to have an input.
The custodial parent must comply with the visitation order from the court and permit the noncustodial parent to visit with the child as provided in the visitation schedule. If your former partner denied you time with your child as designated in the visitation order or denied you time with your child all together, it is imperative that you contact an attorney experienced in these matters immediately.
If you are struggling with enforcement of parenting time pursuant to an agreement or court order, Zimmer, Mathiesen & Associates will help you file an enforcement petition with family court. Ultimately, the court may hold a hearing and the judge may alter the order to give the non-custodial parent proper visitation and/or impose sanctions on the parent who violated the order. If your visitation rights have been violated, please contact our attorneys to discuss all of your possible options and help you obtain the time you deserve with your child.
After doing extensive research and my due diligence to find the right firm for me, Todd J Zimmer and Associates was 100% the right decision. I intially spoke with Todd who was sincere and sympathetic to my situation being I had a premature daughter and was heading into a custody battle. He said that his associate Stephanie Mathiesen would be representing me and assured me she is GREAT at what she does! I could write over and over praise for Stephanie, but for me the fact that my family and friends whom have stood by me during this difficult time have basically looked at Stephanie as a apart of my family instead of just being my lawyer. She has a passion and drive to do what is right for her clients, she has a amazing way of taking a hectic situation and pacifying it with out diminishing its seriousness. She has firey way about her and gets it DONE! She’s responds to all my emails and phone calls ASAP. All these stories and negative stigmas about attorneys are with out a doubt negated by Stephanie and the Zimmer Firm.
I can’t express enough how pleased I am with the services I received from Mr. Zimmer and his staff! This has by far been the most difficult period in my life. His caring demeanor and his professional staff made it so much more easier to deal with this awful period in my life. Mr. Zimmer was always there when I needed to speak with him. He took his time explaining the whole process step by step. He is such a hard worker and cares about his clients. He will fight for you and get you everything you deserve and more! I highly recommend Mr. Zimmer!
When dealing with the many unexpected twists and turns of a divorce, you need a law firm that is able to explain it all to you. Todd Zimmer and his staff were ever ready to respond to my questions and concerns. Todd emailed me himself on several occasions after 1 in the morning just to make sure I understood the next step. He walked me through the process, helped me feel at ease, and ultimately got me everything I needed in my settlement. He has even been available to answer questions and assist me after my divorce was finalized.
I just finished my divorce case and wanted to write a well deserved review for my lawyer, Todd J. Zimmer and his exemplary staff. They are truly a unique law firm that was attentive to my every need and concern while my wife and I were going through such a difficult time. Their attention to the details of my case, and ensuring I was well looked after 24/7 was a true illustration of the dedication of Mr. Zimmer and his caring staff, who each were beyond wonderful. There are not enough good words that can describe the care and professionalism that Todd. J Zimmer and his staff provide. Thank you Todd, as well as the rest of your staff for assisting me during such a chaotic time in my life. You delivered on everything you promised me and kept me grounded throughout my case. I also appreciated that while you were tough, you showed my wife great care and respect. I told you when we first met that was important to me and you never forgot. Thank you for everything!