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Child Custody & Visitation

Child Custody & Visitation

Parents have a right to visitation with their children. Grandparents and other relatives do not have a right to visit their grandchildren. A grandparent must prove that the child will be harmed without visitation from them before a court will order grandparent visitation. Parents can agree to allow grandparent visitation. They should keep in mind that the child may benefit from a relationship with his grandparents even if the parents do not get along. It can strengthen the child’s connection to his heritage and extended family.

Both the mother and the father have equal rights to visitation time with their child where the parents are separated or divorced. Traditionally, the mother was designated the parent of primary residence. This means that the child lives with the mother more than half of the time. Traditionally, the father was called the parent of alternate residence. Nowadays, shared parenting is done where each parent has fifty percent of the time with the child. It gives the child the benefit of having its mother and father share in the parenting. This can work well when the parents live near each other and the child/children’s school is accessible from both homes.

Visitation and custody are intertwined. Custody can be agreed upon by the parties or can be court ordered if necessary. It is better to agree upon custody unless there is a real risk of harm to the child, such as drug addiction, alcoholism, mental illness, and other conditions in which the child will be unsafe. A custody battle will invoke a psychologist’s expert testimony in most cases.

Children should never be used as pawns of the parents. Unfortunately, there are cases of child abduction. Tanya Helfand has handled these cases, from simple passport possession issues to interstate custody litigation and international child custody issues and enforcement, as well as related issues varying from passport suspension to collection of child support arrears.

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    • Whippany Office
      575 Route 10 East
      Suite 1
      Whippany, New Jersey 07981
      Phone: 973-428-0800
      Fax: 973-428-0830
    • New York Office
      420 Lexington Ave.
      New York, New York 10170
      Phone: 646-213-9053
    • "Without Tanya and her time, the really unpleasant experience of getting divorced would have been even worse. They were able to settle the matter very quickly and helped me fit this into my tight schedule allowing me to leave to move abroad for my dissertation research on time without having to delay the trip because of the divorce. They also did all of it within my very tight budget. Thank you so much for your help and dedication to my legal matter!"  - AG

    • "Tanya and her Associates are outstanding! What I admire most about Tanya is her knowledge of the law with her keen negotiation skills to foster mediation. Her strategies efficiently resolve conflict leading to the resolution of cases. She and her team have an outstanding work ethic, know what data are needed, and get the job done. It is a pleasure to work with such wonderful professionals."  - Tara, Whippany

    • "I found Ms. Helfand's knowledge and tenacity most reassuring during the ordeal of my divorce. She was steadfast in her guidance and was very effective in her negotiations on my behalf. I would recommend her without a second thought. "  -Jonathan

    • "Ms. Helfand was very professional and helpful with our bankruptcy case. Her advice was very useful and helped us make the proper decisions for our situation. In addition, she was very supportive during a very difficult time for us. Finally, she set very specific fee expectations and there were no surprises when it was completed. I would use her services again and would recommend her, without question."

    • "She is Incredible, very quick responding to the other party. Very professional and courteous. I highly recommend her. She has a great passion and love for every single case."

    • "Tanya and her team were very professional handling my divorce proceedings. She was very proactive in making the other attorney finally get the process moving forward. I would recommend her to anyone looking for legal services. "  -Scott

    • "Ms. Helfand strategized & processed, both, my Divorce & Chapter 13 Bankruptcy. As both cases were emotionally and legally challenging, Ms. Helfand proved to be an empowering Mentor along the path to clarity for which I am truly grateful. I highly recommend her legal expertise to anyone who is seeking a confident, savvy & caring attorney to become at peace with self and any legal matters."  -Vas

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