Articles Posted in Parenting Time

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Parents-adventure-300x200In any child custody trial, the focus of the court is always on pursuing the outcome that will serve the best interests of the child. In order to make the right decisions about the needs of the child, or children involved, the courts need to carefully assess all of the information presented to them by the parties in the case, and their attorneys.

Often, to help convince the courts to see the case from the perspective of their client, child custody attorneys make use of specific tools, such as summations also known as closing statements. A closing statement helps to focus the court on the key points made during the course of the case, reminding them of why they should be making a decision that’s favorable to the client. Continue reading ›

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Lawyeratdesk-300x200Custody cases can vary drastically from one situation to the next.

Some parents prefer to negotiate agreements on things like parenting time, visitation, and custody through a mediation session. In some instances, mediation can be a beneficial alternative to a court battle for both the parents involved in the case, and the children, as it reduces the need to expose youngsters to potentially stressful interviews with attorneys for the children or a judge.

However, not every case will be able to avoid a court battle. Sometimes, the only way to ensure the best interests of the children, and the parents are served, is to take the matter in front of a judge at a New York Supreme Court in the context of a divorce or family court. When a child custody case is taken into the court room, there are various stages involved in ensuring the judge, referee, or judicial hearing office can come to the right decision about the needs of the children. Continue reading ›

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ParentsKitchenChild-201x300When a relationship comes to an end for any couple, there a multitude of issues to be addressed and factors to be considered. Each party needs to think about how assets and liabilities will be distributed between themselves and the other spouse. They’ll also need to consider whether it’s necessary to apply for any maintenance payments to assist with supplementing future earnings.

A settlement agreement is a legal document these parties can use to outline the plan for how the divorce or separation will be managed. Within this document, individuals can make suggestions to the court about how they plan to handle everything from equitable distribution to child custody.

In most cases, settlement agreements are created with the guidance and assistance of a professional family lawyer, with experience handling all forms of divorce and child custody law. However, there are circumstances wherein individuals may choose to create their own settlement agreement, and represent themselves when presenting this document to the courts. Continue reading ›

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Kitchenfeeding-300x200It’s no secret that cases involving children are among the most emotional and complex in family law. There are many different things parents need to think about when not living with the other parent or beginning a divorce, from how they’re going to split the family home, to how they can manage parenting and custody time.

One element which can become confusing in some cases is how the “residential custodial” parent is determined in a case when there is equal parenting time distributed between both parties.  In the custody context, the residential parent would be the one that the child lives with most (residential custody being separate and independent from “legal custody” which refers to decision making authority for the child).  Notably, in the family law world, to count as a day living with one parent or another is counted according to the place the child sleeps and then wakes up the following morning on a given occasion.  In other words, it is measured by overnights with the child.  If both parents receive the same number of overnights with the child, and the parents both look after the child in their own properties, it can be difficult to determine which is the “residential custodial” care provider.  Although I have blogged about this topic before, it is worth looking at again, as shared residential custody seems to come up in more and more of my mediations, negotiated cases and even litigated matters. Continue reading ›

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Meditation-Coach-300x200Welcome to the last edition in our series of articles and guides on parenting time and visitation. Through the course of this series, we’ve talked about various factors which might be relevant when you’re making decisions about visitation and parenting time following a divorce.

Although all aspects of divorce can be stressful, choices made about the care of children are often the ones that cause the most complexity for many of my clients. Each parent may believe they are doing what’s best for the child when they ask for specific agreements and orders to be made. However, not all parents will naturally agree with each other about what should happen next.

In this segment of our parenting time bullet point guide, we’re going to be looking at the concept of mindfulness in child custody and parenting time arrangements, and what may happen if you decide to discuss visitation issues during mediation. Continue reading ›

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Female-Judge-300x200Welcome back to another addition to our series of bullet-point guides on parenting time and visitation in child custody cases. As you’ve likely noticed throughout the course of these series, parenting time decisions can be a source of significant stress and complexity for a lot of couples.

Even if your relationship came to an end in an amicable way, each parent may disagree on how to ensure they get the best for their children. Unfortunately, not all parents will see eye to eye when it comes to defining the best interests of the child. So far during this series, we’ve looked at various factors that can come into consideration when a court is making decisions about parenting time orders.

Now, we’re going to examine the statements a child custody attorney, like myself, might make when representing a client during a case for visitation and parenting time. Continue reading ›

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Parents-adventure-300x200Recently, I’ve been publishing bullet-point guides on the topic of parenting time and visitation in child custody and divorce cases. So far, we’ve covered a lot of different points that may arise during these complex cases. In this segment of our guide, we’ll be looking at a quick snap shot about appeals, and when orders may be upheld, or reversed.

In the New York courts, decisions made about child custody, visitation, and parenting time rights must always focus on the “best interests” of the children standards. This means the courts will carefully consider all of the circumstances of the case, before issuing an order considered to be in the best interests of the child or children involved.

Of course, there will be occasions when the parents in a divorce or separation case will not agree that the order is right for the child. When this happens, parents may choose to work with a child custody attorney to appeal the decisions made by the court. Continue reading ›

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familyfloor-300x200In child custody, visitation, and parenting time cases, a lot of issues can come to the surface. While any family law case can be a complicated and emotional experience for everyone involved, cases which include children are often particularly difficult, because everyone has strong opinions about how the case should be settled.

In many cases, I find that parents end up agreeing to their own idea of the perfect parenting time and visitation strategy through mediation with a professional like myself (when I am a mediator for the parties, I am neutral and meet and speak with the couple together from the outset and throughout). This agreement can then be given to the courts for their approval. However, in other circumstances, for couples that choose litigation as their divorce process, the case may need to go to the courts. In this bullet-point guide series, we’re looking at some of the major factors parents and other parties may need to know when addressing parenting and visitation time cases.

In this section, I’ll be talking about forensics, and when they might be ordered by the courts to help with making decisions about a child’s wellbeing. Continue reading ›

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Parents-Waving-300x200Parenting time and child visitation cases are often some of the most complicated for any family to deal with. Unfortunately, when two parents get a divorce, or decide to separate, decisions need to be made about how the custody of the child should be split between the two people.

In many cases, it’s possible for two parents to come to an agreement based on the perceived best interests of the child. Unfortunately, after a while, one parent or another might decide that the order of child visitation or parenting time is no longer appropriate for the situation. This is when people come to Child custody lawyers like me for help requesting a modification.

In this section of our parenting time bullet guide, we will be looking at occasions when the courts may dismiss a request for modification for custody and parenting time without a hearing. We will also be touching on sobriety as an issue for visitation cases. Continue reading ›

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ParentsPark-300x200Parenting 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 or continue a relationship with both parents.

Of course, making decisions about how much time a child should spend with either parent isn’t always easy. Often, people will argue that an order should be modified if they feel something needs to be changed about the parenting schedule.

In today’s bullet point guide, we’ll be looking at the modifications that may occur in a case regarding child custody and visitation following accusations of parental alienation and interference. We’ll also be briefly looking at the evidence time period for a modification of custody and visitation orders in New York. Continue reading ›

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