Today we begin our exploration of the modification of a custody order. The primary consideration in any custody matter is the best interest of the child. With that in mind, a court will order the modification of a custody order only upon a showing of sufficient change in circumstances reflecting a real need for modification [Read More]
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 situations where it is appropriate to deny a non-custodial parent overnight parenting time. First is [Read More]
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 better than others. The most common element in parenting schedules is alternating weekends. Alternating weekends [Read More]
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 reasonable and meaningful time with each other, a court will not second guess their agreement. [Read More]
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 System it was recommended that the term “parenting time” be used instead of “visitation.” The [Read More]
We continue our exploration of custody matters today with a brief discussion of residential custody and the separation of siblings. As a general rule, courts are reluctant to separate siblings and will not do so unless there is an “overwhelming need” to do so. The New York Court of Appeals repeatedly has recognized the importance [Read More]
A growing trend in New York is split or joint residential custody of children. This is an arrangement in which the child or children spend equal time, or roughly equal time, with both parents. This is done through something as boldly simple as a schedule that alternates the children with each parent for one week [Read More]
There are two types of custody to be considered. First is residential custody; this is with whom the children will reside. Second is legal custody; this is who will have the authority to make decisions for the children. Residential or physical custody is the right of a parent to have his or her children reside [Read More]
We continue our exploration of child custody matters with a review of custody terms. We start with "Legal Custody." Legal custody is the authority of a parent to make decisions for their child. These include, but are not limited to, decisions regarding the child’s education, religion, medical care, discipline and place of residence. Legal custody [Read More]
Today we examine custody agreements and custody litigation. Custody agreements almost always are preferable to custody litigation. Custody agreements generally are more likely to succeed than an order that is the product of adversarial litigation. On the other hand, custody litigation has significant collateral consequences. Custody litigation is among the most unfortunate of circumstances for [Read More]