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 …
Child Custody and Visitation: Getting the Basic Parenting Schedule in Place
Parents should decide on a “basic parenting time schedule” that the parents will conduct in a regular week. Parents should consider what is reasonable taking into consideration the location of the parent’s home, the parent’s schedule and the child’s schedule. If the parents do not live near each other, the parenting schedule deviates from regular short-term access such as every …
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 …
New York Child Custody Law: What About Splitting Siblings?
The courts prefer to keep siblings together for stability, companionship and close family ties. “Young brothers and sisters need each other’s strengths and association in their everyday and often common experiences, and to separate them, unnecessarily, is likely to be traumatic and harmful.” Obey v. Degling, 37 N.Y.2d 768 (1975). However, the courts will order split custody if it’s in …
Overview of Family Law or Divorce Mediation Process
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 …
What is Mediation?
Mediation vs. Arbitration Mediation is oftentimes confused with arbitration. In mediation, a mediator acts as a neutral third party to help the parties reach an amicable resolution. Put simply, a mediator helps facilitate a conversation between the parties. A mediator is not a judge or a jury and does not make a decision for the parties. However, in some instances, …
Video About Onward and Upward: Guide for Getting Through New York Divorce and Family Law Issues
I’m really excited to share the video about my new book “Onward and Upward: Guide for Getting Through New York Divorce & Family Law Issues.” I’m really proud and excited about the finished product of this book. I love that it collaboration of both lawyers and nonlawyers, working together to strengthen families and people. This book is a phenomenal information …