Parenting Time

Child Custody, Same Sex Couples, Biological Strangers & Parenting Time

October 16, 2015 | Law and Mediation Office of Darren M. Shapiro, P.C.

The law in New York is that a non-biological, non-adoptive parent does not have standing to proceed in a court for custody or parenting time. There is, however, a statute that allows grandparents standing to petition for custody and visitation under certain circumstances, which I have previously blogged about. In Debra H. v Janice R., 14 N.Y.3d 576 (N.Y. 2010), New York’s highest court, the Court of Appeals reaffirmed its rule that neither parents by the doctrine of equitable estoppel or people standing “in loco-parentis” to a child has standing to seek custody and visitation or parenting time in court. The rule would be then that biological strangers that have not adopted a child cannot proceed in court in New York for custody and visitation.

Still applying this precedent, though, two different cases decided in different parts of New York, ended up with different results. In one, the same sex partner was allowed to proceed with her custody case, in the other a domestic partner was found not to have standing. The law was re-iterated in the Fourth Appellate Department, which covers part of upstate New York just this year, in 2015 in the case of Matter of Barone v Chapman-Cleland, 129 A.D.3d 1578 (2015) which stated that biology or adoption under our current statutes define what a parent is and stated that any change of this needs to come from the legislature. In that case a same sex partner to a biological parent tried unsuccessfully to proceed in court on a case of custody and visitation. The court ruled that this former partner did not have standing to proceed in court as a biological stranger that never adopted the child, despite the possibility that the person was very much like a parent to the child. Continue reading ›

Step Parents – Child Custody Child Support Guardianship Paternity and Adoption

September 17, 2015 | Law and Mediation Office of Darren M. Shapiro, P.C.

It’s important to recognize that step-parents are a common and familiar part of everyday life, and just like their partners, everyone may want to know their legal rights and responsibilities regarding their step-children. Over time, many step-parents who spend time with their step-children develop a strong attachment and commitment to those youngsters – taking responsibility for them on a moral and financial level. However, somewhat crucially, a step-parent doesn’t automatically receive standing in New York to ask a court for custody or parenting time rights if a mother and father are already legally established. Step-parents do not instantly receive the “parental authority”, including the rights, powers, duties, and responsibility of a biological mother or father, simply because they marry the child’s mother or father. Step parents do not gain parenting time and visitation rights except if they are legally appointed guardian, adopt or if there is a paternity finding for the step-parent.

Step-parents may be required to pay for child support, while married to the other parent of the child (ren) if the children involved are in danger of becoming “public charges”. Frequently, this information can act as an incentive to prompt parties into getting a divorced finalized, if other compelling reasons haven’t presented themselves. If the children are not in danger of becoming public charges, usually step-parents are not in danger of becoming obligated for child support of their spouse’s children, that is, unless they become a parent by the legal doctrine called equitable estoppel. Continue reading ›

Why the Gossip Girl Rutherford New York Jurisdiction Decision Make Sense

August 20, 2015 | Law and Mediation Office of Darren M. Shapiro, P.C.

Why the Rutherford New York Custody Jurisdiction Decision Makes Sense

Recently, well-known actress Kelly Rutherford was ordered by the New York County Supreme Court to return her children to their father in Monaco, where they had been living after the father lost his U.S. visa. Rutherford argued that she felt “lawfully” unable to remove her children from the United States so that they could live with their father in a foreign country. However, she complied with the order that was given by the judge, demanding that the children be reunited with their father and returned to Monaco. Under the facts of the case, the decision of the New York Court makes sense – despite the personal feelings expressed by Rutherford herself.

Uniform Child Custody Jurisdiction Enforcement Act

The case makes sense under the law since according to the Uniform Child Custody Jurisdiction Enforcement Act, New York would not have been considered to be the residential home state of the children in question. The facts suggest that instead the children were simply visiting the state, and their mother, after a California court issued custody to the father, Daniel Giersch, in 2012. If another country or state had not been given jurisdiction and the children were present in New York, then the New York Court may have been able to take up the case. However, as the case stood, New York simply did not have jurisdiction to allow Rutherford custody. Continue reading ›

What are typical Child Visitation or Parenting Time Schedules?

December 26, 2014 | Law and Mediation Office of Darren M. Shapiro, P.C.

Parenting time or visitation schedules vary from family to family. For the most part, the term visitation has been replaced by the term parenting time but both are still used. Parenting time or visitation schedules detail when either parent spends time with their children. First in this article, I will talk about some of the typical parenting time schedules that I encounter and can think of as a Child Custody Lawyer in New York. Afterwards I will talk about where and how the orders are made. The possible variations or orders or stipulations about parenting time are endless so please use this blog as suggestive of possibilities rather than as a definitive and exhaustive guide.

Each family is different, so as common as the schedule might be in any particular case, there are nuances which might appear in any one visitation or parenting time schedule. Some parenting time schedules are not specific at all and simply require that the parents will discuss and arrange for mutually agreeable parenting time in the future. Other cases have more specific provisions. Probably the most common parenting time schedule that I see is where one parent has parenting time every other weekend from Friday evening or Saturday morning until Sunday evening or Monday morning. Often times the order can include a weekly or bi-weekly dinner or overnight visit in the middle of the week to supplement the alternating weekends. What is inherent in this type of parenting schedule is that one parent is the primary residential custodial parent. What this means, in layman’s term, is that they live with one parent and have visitation (parenting time) with the other. Please see our other blog entries and website or call to learn about the different custody arrangements.

Typically, in this aforementioned type of generic schedule, the children will alternate holidays and school breaks between the parents. Some couples have situations that certain holidays are more important for them. In that situation one parent may be granted the parenting time for the children always for that holiday. If the holiday is equally important to both parents and both parents want time with the child(ren) each year then a schedule to determine how that holiday is shared each year might be appropriate. Usually there is a provision that both parents may interrupt the normally scheduled parenting time of the other to be able to put together one or more weeks vacation time together each year. A provision is usually included to give one parent priority for selection of vacation time in odd numbered years and the other in even numbered years. Clauses that require itineraries and contact information for where the children will be staying during vacation times are often included as part of the order. Continue reading ›