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Visitation

Child Visitation Attorney in Long Island 

Working with Long Island Courts

Long Island has unique family court structures that can influence how visitation cases unfold. Understanding the protocols of Suffolk and Nassau County courts can be advantageous when seeking visitation or modifications. These courts prioritize the best interests of the child, which includes evaluating the stability of the home environment, the emotional ties between the parent and child, and any potential safety risks.

At Samuelson Hause PLLC, we navigate these proceedings with diligence, ensuring each case is presented with thorough attention to local legal practices. Our attorneys frequently interact with local judges and family law officials, thereby gaining insights that can help customize our legal strategies to fit the expectations and standards of Long Island family courts.

Divorce can have a lasting impact on children, which is why at Samuelson Hause PLLC we strive to protect your child's best interests. It is our goal to help you obtain visitation rights if you are not granted child custody. Whether your child lives with you or not, you should have the ability to spend time with him/her to nurture your relationship. With decades of experience, our firm will fight for your right to visit your child.

Our firm has a keen understanding of New York divorce laws and your rights under state law. Our partners have more than two decades of experience in family law, adding up to more than a century of combined experience. We are intimately familiar with the nuances of child visitation cases in Long Island, giving us the insight needed to navigate its complex legal landscape effectively.

Contact our office at (516) 584-4685 to discuss your case with a child visitation lawyer in Long Island and learn how we can help you obtain the best possible outcome for yourself and your children.

Who Gets Visitation in New York?

Parents and relatives, including siblings, half-siblings, and grandparents, can ask for visitation. The court will grant visitation rights based on the best interests of the child. It should be noted that a parent is typically entitled to a visitation schedule, unless doing so would be harmful to the child. Understanding the specific considerations of Long Island courts can be crucial in determining the outcome of a visitation petition.

In Long Island, judges often evaluate factors such as each parent's living situation, the child's schooling arrangement, and the existing parent-child relationship. These local judges aim to craft a visitation plan that minimizes disruption to the child's daily life while prioritizing safety and emotional welfare.

Understanding Local Visitation Procedures

In Long Island, once a petition for visitation or its modification is filed, both parents are typically required to attend mediation sessions. This mediation process is designed to help parents amicably reach an agreement whenever possible. Mediation can sometimes be a requirement before any court proceedings, highlighting its importance in the Long Island family law process.

Beyond mediation, the family court may require home studies or interviews with the child, depending on the complexity and needs of the case. These procedures are put in place to ensure that any court decision is in alignment with what will most benefit the child's welfare and development. Our firm routinely assists clients in preparing for these steps, ensuring that all documentation and required information are ready and beneficial to the client's position.

Can a Visitation Order Be Modified?

Either parent can file a petition to modify an existing visitation order. To do so, a parent will need to prove a significant change of circumstances has occurred since the date of the original court order. This encourages stability of arrangements and prevents the court from becoming overwhelmed with modification requests. Our firm can guide you in presenting these changes effectively to the court.

If one parent wants to modify an existing court order and the other does not, he/she must file a motion to ask the court to grant this change. Navigating the nuances of such legal proceedings in Long Island requires a firm that understands the local judicial processes and has experience in advocating for clients within this community.

A substantial change in circumstances might include, but is not limited to, one of the following factors:

  • Relocation
  • Financial changes
  • Substance abuse
  • Change in lifestyle (if one parent starts working longer hours)

Frequently Asked Questions

What Are the First Steps to Take if I Want to File for Visitation in Long Island?

The initial steps in filing for visitation rights in Long Island begin with a comprehensive review of your case's specifics. It is advisable to gather all relevant documents, such as any existing court orders, records of communication with the child, and any documentation that demonstrates your ongoing relationship and commitment to the child's well-being. Consulting with a visitation attorney from Samuelson Hause PLLC can provide invaluable insights into the specifics of your situation and guide you regarding the pertinent New York laws that apply.

You will then need to prepare and file a petition. This official document should detail why granting visitation rights serves the child's best interest. The court will evaluate factors such as your relationship with the child, your existing responsibilities, and how the proposed visitation schedule will fit into the child's established routine. Our firm's significant experience with the Long Island courts means we can effectively prepare and present your case to maximize the possibility of a favorable outcome.

How Does the Mediation Process Work in Long Island?

Mediation in Long Island typically involves structured sessions facilitated by a neutral third-party mediator. The process aims to assist the parents or guardians in reaching a mutual agreement regarding visitation without the need for a prolonged court battle. The mediator does not make decisions for the parties but helps them communicate more effectively and explore practical visitation solutions.

These sessions can be pivotal for creating a cooperative atmosphere that focuses on the child's best interests. Depending on the court's requirements and the case's complexity, multiple sessions may be necessary. At Samuelson Hause PLLC, we support our clients through this process by preparing them for mediation and ensuring that they are able to advocate for their needs and goals constructively.

What Should I Expect During Visitation Court Hearings?

Visitation court hearings in Long Island involve presenting evidence and arguments to support the desired visitation schedule. The court places a strong emphasis on the child's well-being, so it is crucial to substantiate how the proposed arrangements are optimal for their growth and happiness.

During the hearing, both parents may present testimonies, and the court may call upon character witnesses or even child psychologists if relevant. Understanding the procedural nuances and expectations of Long Island courts can significantly impact the proceedings. At Samuelson Hause PLLC, our experienced attorneys accompany you to these hearings, lending our support and striving to ensure that all aspects of your case are thoroughly and effectively communicated to the judge.

Consult with a Lawyer from Our Firm Today

It is important to hire a qualified attorney to help you prove your reason for requesting visitation rights or a modification to an existing order. Our team is equipped to provide you with comprehensive legal strategies tailored to your unique circumstances, especially for individuals residing in the distinctive communities within Long Island.

As a law firm dedicated to professional excellence, you can rest assured that you will receive quality counsel and representation when you retain our firm. We will do our best to ensure your child or grandchild has the best chance at a promising future. Our history in Long Island enables us to deliver personalized services that account for the specific needs and challenges of local families.

Fill out our case evaluation form to schedule your initial phone consultation or contact our office at (516) 584-4685 to get started with a child visitation lawyer in Long Island!

Why Choose Samuelson Hause PLLC?

  • Accredited By the Better Business Bureau (BBB®) for High-Quality, Ethical Legal Practices
  • Included In Best Lawyers In America
  • Top-Tier Matrimonial Law Firm with US News & World Report
  • Three Attorneys Listed in New York Super Lawyers ®

Testimonials

Our Determination & Dedication Is Recognized by Our Clients
    “Wendy is my "Wonder Woman".”
    “Divorce is a very emotional and draining process to go through. I was given a few recommendations for divorce attorneys and made appointments to consult with all of them.”
    C. Jordan
    “She was always calm, patient and professional, but especially, she was compassionate.”
    “Having been married for over 43 years, I was a "deer in the headlights" when it came to facing the facts that my marriage was ending. I was recommended to Wendy Samuelson by a friend of a friend and from our first meeting,”
    Anonymous
    “Among the leading divorce attorneys on Long Island.”
    In selecting Elliot Samuelson as among the leading divorce attorneys on Long Island, over 185 interviews were conducted over a 7 month period. Mr. Samuelson is the author of 5 books including Matrimonial Motion Practice in New York. He has been named to “Ten Leaders” of Matrimonial and Divorce Law of Long Island.
    Digital Press International
    “I am grateful that I had Wendy Samuelson on my side, looking out for me and my children.”
    “A year before I decided to get divorced, I met with Wendy. I wasn't quite ready to pull the plug on my marriage, even though when I look back I realize it was over for years. I remember being impressed with Wendy's calm authority and the feeling that she w”
    M.D.
    “Gratitude!”
    Gratitude- This is what I'm filled with as a result of Wendy and Anna handling my divorce. Expertise combined with warmth and humanity made what was the most difficult time in my life conclude most satisfactorily! No small feat in a divorce proceeding!
    Jorden Weiss
    “Listen Well and Give Excellent Advice.”
    “Listen well and give excellent advice.”
    Mark K.
    “I would recommend the firm to anyone.”
    “Despite the unpleasant nature of divorce, the attorneys at Samuelson Hause PLLC were a pleasure to work with.”
    J.F., Finance
    “Attentive and ready to help.”
    “My ex-husband started the proceedings of our separation in the Winter of 2005. I met Richard Hause after being quite disappointed with my previous experience with a counselor. I was impressed from the very first meeting by his knowledge of divorce laws and”
    R. Rita Mosca
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Reasons to Choose Our Firm

  • Two of Our Attorneys are Members of the American Academy of Matrimonial Lawyers (AAML)
  • Accredited By the Better Business Bureau (BBB®) for High-Quality, Ethical Legal Practices
  • Included In Best Lawyers In America
  • Top-Tier Matrimonial Law Firm with US News & World Report
  • Three Attorneys Listed in New York Super Lawyers ®
  • AV Preeminent® Rated by Martindale-Hubbell®, the Highest Rating in Legal Ethics & Professional Practice