Family Law
Parenting Time and Visitation in Rockland County
When parents separate, the question that matters most is usually not legal at all: when will I see my children? New York law answers it through parenting time — the schedule that determines when each parent has the children, from weeknights and weekends to holidays, school breaks, and summers.
Whether you are establishing a schedule for the first time, dealing with a parent who will not follow one, or facing a request to limit your time, Garbett Law represents parents in Rockland County Family Court.
How Parenting Time Is Decided
Parenting time is governed by the same standard as custody: the best interests of the child. Courts look at the child's routine, each parent's work schedule, the distance between homes, the child's school and activities, and — for older children — the child's own preferences.
New York courts start from the principle that children benefit from a meaningful relationship with both parents. A schedule should be specific: exact pickup and drop-off times, holiday rotation, summer weeks, and how exchanges happen. Vague orders invite conflict.
When Visitation Is Disputed or Limited
In cases involving domestic violence allegations, substance abuse concerns, or safety issues, a court may order supervised visitation or set conditions on parenting time. These orders are serious — but they are also often temporary stepping stones, and how a parent complies with them shapes what comes next.
If you are facing restrictions based on allegations that are exaggerated or false, the worst response is to ignore the order or take matters into your own hands. The right response is to comply scrupulously while building the record that restores your time.
Enforcing and Changing a Schedule
If the other parent is withholding the children, chronically late, or ignoring the order, Family Court can enforce it — and repeated interference with parenting time can become grounds to modify custody itself. If your circumstances have changed — a new job schedule, a move, a child's changing needs — the order can be modified on a showing of a substantial change in circumstances.
Frequently asked questions
Can a parent deny visitation if child support is not paid?
No. Parenting time and child support are legally separate in New York. A parent cannot withhold the children because support is unpaid — and a parent cannot withhold support because visitation is denied. Each has its own enforcement process.
At what age can a child choose which parent to live with?
There is no fixed age in New York. The court considers the child's wishes as one factor, with more weight given as the child gets older and more mature — but the decision always remains the court's, based on best interests.
What if the other parent keeps violating the schedule?
Document every violation — dates, times, messages — and file an enforcement petition in Family Court. Repeated, willful interference with parenting time can lead to make-up time, contempt findings, and in serious cases a change in custody.
Speak with Yvonne directly
Your time with your children is worth protecting. Call Garbett Law at (845) 290-2492 for a confidential consultation. Se habla español.