Co-parenting after a divorce, or the breakup of a nonmarital relationship, can be challenging, particularly when emotions are still raw. Everyone suffers when parents cannot communicate or cooperate on important matters relating to their children. Though it might seem strange at first, many people have found that adopting a business-like approach has benefited their co-parenting relationship. It’s easy for people…
During the time of COVID-19, it has become more common for noncustodial parents to have virtual child visitation sessions rather than in-person visits, especially when there are safety concerns. While it’s always preferable to have in-person visitation, sometimes this simply isn’t possible due to logistical issues, or, in today’s environment, due to pandemic-related concerns. It’s still possible to have a…
The coronavirus (COVID-19) pandemic has overwhelmed many of our institutions and touched every facet of people’s lives. Along with other concerns, parents who live apart need to understand how this upheaval might affect their custody and visitation arrangements. Specific areas where COVID-19-related issues call for prompt help from a knowledgeable New York family law attorney include: Modifying visitation arrangements —…
Supervised visitation occurs when a noncustodial parent visits with the child only when supervised by another adult. This type of arrangement is set to ensure the child’s safety while also supporting an ongoing, positive relationship between the parent and child. Situations in which a court might prescribe supervised visitation include: If there has been a history of emotional, physical or…
If you are a noncustodial parent who has regularly scheduled visitation with your child, you might be wondering what rules exist for overnight visitations. One common question people have is whether or not they are required to have a separate bedroom specifically for their child during these visitations, if overnight stays are to be allowed. Is there any legal position…
While there are plenty of divorced parents around the United States that manage to successfully co-parent with each other, there are also plenty of examples of parents who simply cannot get along and constantly find themselves in custody and visitation battles. If you are the visiting parent, you have a court-appointed right to see your children at your specific visitation…
In some situations, certain extended family members of either spouse (such as grandparents, aunts, uncles and cousins) may wonder what rights they have to visit or even take custody of a child. While there are some limited visitation rights available for some extended family members (and only if the parents approve of the visitation), custody rights are an entirely different…
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 children while on a prescription;…
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. But what if the spouse…
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 usually has few restrictions, detailed…