Visitation (Parenting Time)

Visitation | Parenting time 

Nassau County Divorce Lawyer Visitation | Suffolk County Divorce Lawyer Visitation


Dad and Kids at BeachVisitation/parenting time rights can be some of the toughest and most bitter decisions made during a divorce. Care of minor children is always of primary importance to parents and an experienced divorce attorney will help you prepare a visitation/parenting time agreement that meets the needs and best interests of the child(ren) as well as the parents. Visitation, is also commonly known to many parents as “parenting time.” The change in terminology reflects the importance placed upon the parent-child relationship. Visitation, simply put, addresses the time a child(ren) spends with the non-residential parent.  Parenting time, however, promotes the parent-child relationship and validates the non-residential party as a parent, not just a visitor.  It promotes a stronger bond between the child(ren) and the non-residential parent.  At Berger, Fischoff & Shumer LLP we understand the challenges of constructing visitation/parenting time agreements.  Call us if you need a Nassau County Divorce Lawyer or a Suffolk County Divorce Lawyer to assist you with your visitation/parenting time agreement.

Custody vs. Visitation | Parenting Time Rights

Nassau County Divorce Lawyer Custody vs. Visitation | Suffolk County Divorce Lawyer Custody vs. Visitation


Custody and visitation/parenting time are two separate matters.  What needs to be clear is that the non-residential parent has rights. Just because you are not the residential custodial parent does not mean that you have relinquished your right to spend time with your child(ren). At Berger Fischoff and Shumer, LLP our attorneys will help you preserve your rights to see and spend time with your child(ren) whether in a joint custody arrangement or in a case of one party having primary residential custody.

The safety of the child(ren) is of paramount importance and is always taken into consideration in matters of visitation and custody. Unless there is a good reason one can show the court, such as the risk of danger, both parents will be granted rights to see their child(ren). Today, more than ever before, the courts promote each parent enjoying as much time with their child(ren) as is feasible so as to validate each parent’s role in the life of the child(ren). At Berger Fischoff and Shumer, LLP our attorneys are here to answer any questions you have and explain the difference between visitation and custody.

Our Long Island Divorce Attorneys, located in offices throughout Long Island and New York City, maintain safety of the child(ren) as the paramount concern. We will aggressively fight for your right to spend time with your child(ren).  If you are a parent in search of answers concerning custody and visitation you can call us for a free consultation.  Our Nassau County Divorce Lawyers and Suffolk County Divorce Lawyers will be happy to explain your rights concerning custody and visitation matters.

Visitation Agreements

Nassau County Divorce Lawyer Visitation Agreements | Suffolk County Divorce Lawyer Visitation Agreements


It is always preferable and usually more beneficial to the child(ren) when parents agree on a visitation/parenting access schedule. When parents work together they create a schedule that will not only take into account their respective preferences but, more importantly, the needs of the child(ren). If parents cannot agree to visitation terms the court can decide for them after a hearing. Visitation can be arranged through Petitions which can be filed as a separate case or can be decided during the custody hearing. Through written agreements, submitted as part of a divorce or in Family Court proceedings, a parent can apply for a specific parenting time schedule, or to enforce his/her rights to parenting time. When parents are unable to work together and come to agreement the court will ultimately impose a schedule that it believes is in the best interests of the child(ren), taking into consideration parent work schedules, child(ren)’s school and extracurricular activity schedules, and similar factors. Having the court decide how you spend time with your child(ren) is usually the less desireable outcome. As parents you ultimately want to make these choices for your children and our attorneys at Berger, Fischoff & Shumer, LLP will help you work towards an amicable agreement for visitation/parenting time with your child(ren) that is fair and equitable to everyone involved.

Changing Your Visitation Order

Nassau County Divorce Lawyer Visitation Order | Suffolk County Divorce Lawyer Visitation Order


What happens if you want to change your visitation order? Based upon a variety of family and life changes, after a judge issues a visitation order, one or both parents may want to alter the order. As children grow their needs, activities, and interests change. In many cases parents move forward with their lives in new directions taking on new partners, advancements in education or new employment opportunities. This may mean changes in homes, school districts and ultimately a need to change the parenting plan set forth by the visitation order. In these cases, a parent can file a Custody/Visitation Modification Petition to be used to change the Custody/Visitation order.  Having an attorney at your access with knowledge and experience to guide you in deciding if a modification would likely be successful is imperative.

There are many reasons why you may want to consult an experienced family law attorney in the matters of visitation. Your divorce and family law attorney will help you understand your rights and will make sure your time with your child(ren) is preserved. The attorneys at Berger, Fischoff & Shumer, LLP, have the ability to assist you and represent your interests with knowledge and confidence, while being sensitive and attentive to your needs and those of your child(ren). We have over 60 years of combined experienced in matters of visitation and custody and a dedicated family law and divorce team to work with you. Please call us for a free consultation.

The matrimonial team of Steven E. Shumer and Heath S. Berger, along with their experienced support staff, are here to help you.

Experienced Legal Representation That You Can Afford!!!


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