Visitation in New York State

The non-custodial parent, or the parent with whom the children do not primarily reside will receive visitation. The determining law on visitation is the same as it is for custody, namely what is in the "best interest of the child." Arguments can ensue as to what this means on a case-by-case basis.In New York State , probably the most typical visitation pattern is alternate weekends from Friday after school or perhaps from five or six p.m. until Sunday evening at some agreed upon hour or court-ordered hour of return, typically seven p.m.

Weekday visitation in New York is typically one or two days from after school or from when the non-custodial parent can pick up the children until frequently seven or seven-thirty p.m.More frequently, the non-custodial parent is seeking and obtaining overnight visitation during the week. This, however, is not always easy to obtain in New York State.

As to holiday visitation, the parties normally alternate the legal and religious holidays and commonly, if the holiday falls on a Monday of the non-custodial parent's weekend, then that parent keeps the children on Sunday night and simply returns them Monday evening.

School vacations such as Christmas recess, February recess and spring recess are typically alternated by the parties each year so that whatever recess a parent has one year, they have the other recess period(s) the next year.

Summer recess visitation schedules vary from the non-custodial parent receiving from two weeks to half the summer or more depending on the circumstances.