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Parenting Time: Standard vs Visitation Rights and Limitations in NY Family Law

  • Writer: Catherine Dominici
    Catherine Dominici
  • Jan 7
  • 2 min read

Updated: Jan 17

Parenting time and visitation schedule


Understanding Parenting Time

Parenting time, also called visitation, refers to the time a non-custodial parent spends with their child. In New York, both parents have rights to meaningful time with their children, unless restricted by court order.



Standard Parenting Time Schedules

Common schedules include:

  • Alternating Weekends: Every other weekend plus one weekday evening

  • Extended Weekends: Friday evening through Monday morning

  • Summer and Holiday Schedules: Extended time during school breaks

  • 50/50 Shared Custody: Equal time with both parents



Factors Affecting Parenting Time

  • Distance between parents' homes

  • Child's age and school schedule

  • Parent's work schedule

  • Child's best interests

  • History of parental involvement

  • Safety concerns



Modifying Parenting Time

Parenting time can be modified when circumstances change, such as:

  • Relocation of either parent

  • Changes in work schedule

  • Child's changing needs

  • Improved relationship between parent and child

  • Safety concerns



Supervised Visitation

Courts may order supervised visitation if there are safety concerns, history of abuse, or substance abuse issues. Supervision can be by a professional or trusted family member.



FAQ

Q: Can I deny visitation if child support isn't paid? A: No. Visitation and child support are separate issues. Denying visitation can result in contempt charges.

Q: What if the other parent doesn't show up for visitation? A: Document missed visits and consider filing for modification or enforcement.

Q: Can grandparents get visitation rights? A: Yes, under certain circumstances, grandparents can petition for visitation rights in New York.





About the Author

Catherine L. Dominici, Esq. is a highly experienced Matrimonial & Family Law attorney in Stony Brook, NY. Admitted to practice since 2010, she specializes in divorce, child custody, support, prenuptial/postnuptial agreements, and complex asset division. Known for her compassionate representation, deep knowledge of New York's court system, and dedication to achieving favorable outcomes while reducing client stress.

 
 
 
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