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

Rincker Law Family/Matrimonial Law Leave a Comment

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 …

Share this Article

New York Child Custody and Visitation Law: Sibling Visitation

Rincker Law Family/Matrimonial Law Leave a Comment

Siblings have a statutory right to visitation with each other.  This is true whether the relationship be of full-blood siblings or half-blood siblings.  There is a two-part analysis for evaluating sibling visitation.  First, standing – or the right to be heard – has to be established.  Second, the court must determine whether the visitation is in the best interest of …

Share this Article

New York Child Custody and Visitation Law: Grandparent Visitation

Rincker Law Family/Matrimonial Law Leave a Comment

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 …

Share this Article

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

Rincker Law Family/Matrimonial Law Leave a Comment

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 …

Share this Article

New York Child Custody Law: So What Exactly is “Legal Custody?”

Rincker Law Family/Matrimonial Law Leave a Comment

Legal custody refers to the parent or parents that have decision-making authority over “major decisions” regarding the child, such as non-emergency medical care, religion, education, and extracurricular activities.  When you think of the phrase “legal custody,” replace it with the phrase “decision-making” (e.g., sole decision-making or joint decision-making).  Please note that “day-to-day” decisions are made with the parent who has …

Share this Article

New York Child Custody Law: So What Exactly is “Physical Custody”?

Rincker Law Family/Matrimonial Law Leave a Comment

  The term “physical custody” or “residential custody” is who the child(ren) live with primarily (i.e., over 50% of the time by looking at overnight stays and “waking hours”). There are two main options with physical custody: (1) Primary Physical Custody with Visitation to the non-custodial parent – Primary physical custody to one parent while giving the other parent reasonable visitation/parenting …

Share this Article

Choosing a New York Family Law or Divorce Mediator

Rincker Law Alternative Dispute Resolution Leave a Comment

It is important to choose the right mediator for you and your particular dispute. Mediators vary in experience, language proficiency, subject matter expertise, style, fees, communication, and level of involvement. For example, some mediators are able to speak fluently in different languages or have knowledge in certain family law disputes (e.g., animal ownership disputes). Some mediators do “virtual mediation” while others …

Share this Article

Overview of Family Law or Divorce Mediation Process

Rincker Law Alternative Dispute Resolution, Family/Matrimonial Law Leave a Comment

Initial Consultation It is recommended that parties considering a mediation first have an initial consultation with the mediator. This initial consultation can be via the telephone or in-person. The parties may choose to have the initial consultation together or separately. During this stage, the mediator oftentimes will have the parties sign a confidentiality agreement, explaining that everything stated during the …

Share this Article

Sample Mediation Chapter from the New Family Law Book

Rincker Law Family/Matrimonial Law Leave a Comment

I’m excited to share a sample chapter of my newest book, “Onward and Upward:  Guide for Getting Through Divorce & Family Law Issues.”  You can find my chapter on Mediation, here or here. Mediation can be a great form of Alternative Dispute Resolution (“ADR”) to help people through any type of family law dispute including child custody and parenting time disputes, …

Share this Article

Using Mediation as a Dispute Resolution Forum

Rincker Law Alternative Dispute Resolution Leave a Comment

Mediation is a great option for people that want to take an active role in resolving their conflicts, rather than leaving it up to a third party like a judge. In mediation, both parties work with the assistance of a neutral evaluator of their choosing to develop a solution that appeals to everyone. Mediation has its advantages, many of which …

Share this Article