Category Archives: Visitation

New York Divorce and Custody Lawyer Warns of a Lack of Law Governing Medical Marijuana and Custody, Care and Visitation of Children

By now Bryan L. Salamone, Esq. handles almost 1,000 divorce and family law cases a year and in 2017, he was confronted with more than one dozen cases involving custody, care and visitation of minor children by a parent or parents who use prescribed medical marijuana. In many custody cases, the issues are driving the… Read More »

What If Your Spouse Doesn’t Visit Your Kids During the Divorce Process?

As you approach your divorce, you will negotiate a visitation schedule as part of your custody arrangements. This schedule outlines the time each parent will spend with the child, including visits made by the noncustodial spouse. If the noncustodial spouse does not comply with these visitation times, he or she risks losing some visitation privileges…. Read More »

Why Courts Order Supervised Visitation

Under New York law, courts decide custody and visitation matters in “the best interests of the child.” Generally, there is a presumption that frequent, meaningful contact with both parents is in the child’s best interest, so even if one party to a divorce can’t share custody, that parent gets regular visitation or parenting time. Visitation… Read More »

What to Do When Visitation Rights are Violated

Visitation terms are included in divorce settlements so that noncustodial parents have a legal right to spend time with their children. It is important to know that visitation terms are court orders that must be upheld. If your visitation rights are being violated, consider the following suggestions: Keep track: Maintain a written account of each… Read More »

Putting Together a Solid Transportation Plan for Visitations

When parents get divorced, one of the child custody considerations they will have to make is when the non-custodial parent will have visitation time and how children will get to and from those scheduled visitations. One of the best ways to strengthen these visitation plans is to include a thorough transportation plan so that everyone… Read More »

Relocating Your Child Out of State After a Divorce

When divorces occur, it’s somewhat common for one parent to relocate out of the state. However, it’s also important to consider how such a relocation could affect the children in the relationship.  Moving out of state with children after a divorce has an impact on more than just the parent who wants to relocate. The… Read More »

How Does Religion Factor into Custody Arrangements?

In some circumstances, courts may look at the way children are impacted by religion in determining which parent will get child custody in a divorce. It is one of five decisions made by married parents that must be made jointly, alongside decisions of residence, health care, recreation and education.  As courts analyze how religion impacts… Read More »

Protecting Parents from Unfounded Charges of Neglect from Child Protective Services

My firm has handled thousands of cases involving Child Protective Services (CPS) neglect allegations and we have recently won a published appeal that has clarified the law in connection with the CPS definition of neglect.  Teachers, doctors and others in certain professions have mandatory rules that force them to report anything that could be deemed… Read More »

Different Types of Child Custody Arrangements

Depending on the circumstances of your relationship and divorce, courts may choose from any of a variety of types of child custody arrangements. While courts may draft unique arrangements based on your divorce, there are typically four different types of child custody arrangements that are used:  Legal custody. A person who has legal custody a… Read More »

What are the Basic Rights of Children in a Divorce?

As you go through your divorce, the court system will determine your ability to meet the basic needs and rights of your children when setting child custody arrangements. Your ability to meet these needs determines how fit you are to be a primary custodian.  Some examples of those basic needs and rights include:  Quality education…. Read More »