Category: Divorce

Marital Fault in Equitable Distribution

Marital fault is who is responsible for the failure of the marriage.  Generally, it is not a factor in equitable distribution in contemporary New York practice.  Many a scorned or abandoned spouse believes that they deserved more because their spouse

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Restrictions or Conditions on Parenting Time

A court may impose reasonable restrictions on a parent’s parenting time.  These may include limitations on travel or travel outside the state.  These may include requiring a parent to refrain from consuming alcohol during their parenting time or for a

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Overnight Parenting Time

In some cases a non-custodial parent will be limited to daytime parenting time only and will not be given overnight parenting time with a child. This is the exception and not the rule. There are a couple of fairly common

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Parenting Schedules for Children

There is no fixed rule as to what is or is not an appropriate parenting schedule and no schedule is perfect.  Nevertheless, there are some schedules that are more common than others because they fit the reality of everyday life

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Parenting Time and Reasonable and Meaningful Access

A non-custodial parent has the right to “reasonable and meaningful access” to their child or children.  To the extent that the parties can agree to what is a fair and balanced parenting schedule that give the non-custodial parent and child

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Visitation or Parenting Time by A Non-Custodial Parent

Visitation refers to the time that the non-custodial parent has with their child.  More accurately, this should be called parenting time, since this is the non-custodial parent’s time to parent their child. In a 2006 report from the Unified Court

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