New York Child Custody and Visitation Law: Grandparent Visitation

Rincker LawFamily/Matrimonial Law

Grandparent visitation is not automatic in New York. There is an assumption that the grandparent will have visitation with their grandchild through the grandchild’s parent. There is also a presumption that a fit parents acts in the best interest of their child. This means the courts will give great weight to the parent’s decision about their child’s visitation and access …

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

Rincker LawFamily/Matrimonial Law

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 Law: Getting a Parenting Plan for School Breaks and Summer Vacation

Rincker LawFamily/Matrimonial Law

School Breaks Schools in New York typically have four (4) school breaks:  Thanksgiving/Fall Break, Christmas/Winter Break, President’s Day/Mid-Winter Break, and Easter/Spring Break.  When drafting a parenting plan, parents should be cognizant on what was agreed to with the holiday schedule.  Here is an example schedule (for illustrative purposes): School Break Time Even Years Odd Years Mid-Winter Recess (President’s Day Week) …

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