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Articles Posted in Visitation

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Parenting Time Bullet Guide (Part 6): Modifying Orders and Evidence Time Periods

Parenting time and child custody cases often go hand-in-hand. Once a person has been granted primary custody over a child, the other parent in the case will often receive some type of order in terms of parenting and visitation time (if it is requested). This ensures the child can build…

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Temporary or Pendente Lite Child Visitation or Parenting Time Orders

Child custody, visitation, and parenting time cases are complicated for many reasons. The courts of New York are required to make decisions based on the “best interests” of the child or children involved. This requires a careful consideration of multiple factors, such as which parent can provide the child with…

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When Will Courts Uphold New York Child Custody Agreements from Divorce Mediations and elsewhere?

In New York, the parties to a divorce have the option to enter into a mutually acceptable separation agreement if they can agree on the terms of the divorce. For the most part, courts will uphold the terms of valid New York separation agreements. However, the court retains ultimate jurisdiction…

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Are Children Required to Comply with New York Visitation Orders?

Going through a New York divorce or couple split is often very difficult for all of the parties involved, including any children of the divorcing couple. Children are often unwitting parties to the entire process, yet their lives can change significantly as a result. It is not uncommon for children…

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Grandparent Visitation in New York: Do a Child’s Expressed Desires Weigh into the Court’s Decision?

In a previous post, we considered a situation in which the grandparents of a child or children sought visitation when the custodial parent was opposed to such visitation. This week, we consider a related, although slightly different situation in which the children themselves have expressed a desire for the court…

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Can a New York Family Court Judge Order Grandparent Visitation?

Most New York child visitation cases involve courts establishing the rights and obligations of the parents as they relate to each other. However, New York family law does contemplate a situation in which a court can order visitation for a child’s grandparents under certain situations. This may even be the…

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Should There Be Overnight Visitation or Parenting Time on School Nights?

This blog article will discuss the pros and cons of overnight parenting time to the non-residential custodial parent onschool nights.  Discovering a schedule for parenting time or child visitation that works for both parties involved in a divorce or child custody case, as well as the children in question can…

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When Can a Grandparent Seek Custody in New York?

In a 2015 case, Matter of Rumpff v. Schorpp, a New York appellate court heard an appeal regarding grandparents’ rights. The petitioner was the father of two children. The respondent in the case was the children’s mother. Soon after the younger child was born, the Department of Social Services started neglect proceedings against…

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When is a Finding of Emotional Neglect Proper or Not?

CPS ( Child Protective Services ), ACS ( Administration for Children’s Services ), and Judges in New York make determinations to indicate or found cases regarding neglect andabuse of children in New York or whether these determinations should stand.  But, when these findings are challenged, when should an emotional neglect…

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When Can New York Grandparents Request Child Custody?

In Suarez v. Williams, the New York Court of Appeals, the highest court in New York state, very recently considered a child custody dispute between a child’s mother and paternal grandparents. The child in question had lived with his paternal grandparents between the ages of 10 days old and nearly 10…

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