New York Child Custody and Visitation Agreements – Think About Traveling with Children

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The Courts have found travel to be in the best interest of the child. Consequently, a parent should not unreasonably withhold consent for the child to travel with the other parent. If the non-traveling parent unreasonably withholds consent then the court can override the non-traveling parent’s objection to the travel.  See Matter of Arroyo v. Agosta, 2010 NY Slip Op …

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New York Child Custody and Visitation Law: Agreements to “Electronic Visitation” or Parental Access

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In this electronic age, parents can craft an agreement allowing the parent to have meaningful communication with the child(ren) using electronic methods (i.e., Parenting 2.0!) including: • Telephone (e.g., to the other parent’s phone or the child’s phone) • Video-conferencing (e.g., FaceTime, Skype) • Text messaging (e.g., WhatsApp, Viber) • Social media (e.g., Facebook, Instagram, Twitter, Snapchat) • Electronic mail …

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New York Child Custody and Visitation Law: What About Supervised Visitation?

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The New York Court of Appeals has held that absent any threat to the child’s wellbeing, those people who have visitation rights have the right to unsupervised visitation with his or her child.  Weiss v. Weiss, 52 N.Y.2d 170 (1981); Nancy M. v. Brian M., 227 A.D.2d 404 (1996); Twersky v. Twersky, 103 A.D.2d 775 (1984). For the court to …

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Child Custody and Visitation: Getting a Holiday Schedule in Place

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After deciding the “basic parenting time schedule”, parents should then decide how they want to handle holidays. Holidays include the following: School holidays/ National holidays (e.g., Columbus Day, Memorial Day) Religious holidays (e.g., Easter) Other holidays (e.g., Halloween) Birthdays (parents and children) Father’s Day and Mother’s Day Parents should make a list of all applicable holidays in which the parents …

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