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 …
Child Custody and Visitation Law: Getting a Parenting Plan for School Breaks and Summer Vacation
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) …
Additional Considerations with Child Custody and Visitation Agreements – Think About Communication
Information Sharing Most parenting plans include a provision requiring the parents to share information about the child(ren) with such information as: medical records psychological records law enforcement records school report cards school progress reports school event calendar (e.g., school play, parent-teacher conferences) extra-curricular activities calendar (e.g., baseball game schedule or dance recitals). Some parents decide to keep a shared calendar …
Family Court Order of Protection
I am oftentimes asked about when an order of protection can be obtained in Family Court. You may obtain an Order of Protection in Family Court if you are related to the respondent in the following manner: A current or former spouse; Someone you have a child in common with; Another family member that you are related to by …
Ask Cari: “When Can I Obtain an Order of Protection in NY Family Court?”
Family Court and Supreme Court has concurrent jurisdiction on family offenses. An indigent person may receive court-appointed representation in Family Court if they are under a certain income threshold. Family Offenses are crimes; therefore, Criminal Court also has jurisdiction over family offenses. In order for one party to bring a family offense petition in Family Court, one of the following …