Category: Child Visitation

How Dads Can Get Visitation Time With Their Children on Father’s Day When Going Through Divorce

by David Badanes | June 16, 2021

When you go through a divorce, there are a lot of adjustments that need to be made, including time with your kids for holidays. When it comes to Father’s Day, parenting time for that day should go to the dad but enforcing this time might be difficult. If you are having difficulty getting your visitation time for Father’s Day, there are steps you can take to resolve the issue.

Mr. David Badanes Esq. of Badanes Law Office on Long Island has shared advice on how to navigate this difficult situation:

  • Document everything. You should keep a log of every time your ex prevents you from seeing your children and/or every time your ex is late returning your children. Make sure the log includes the date and a brief description of what happened. For example, an entry in the log might look like: 6/10/2021- Jane did not bring back our son. I texted her, she said he wasn’t feeling well, but, when I asked to speak to him, she refused to put him on the phone.
  • Have a conversation with your ex. When there is conflict surrounding visitation time, the first step is to discuss it with your ex. Ideally, the situation will be resolved outside of court for the sake of parents and children.
  • If you can’t reach a resolution, see an attorney. If discussions do not lead to change, then you should contact an attorney as soon as possible. If this step is necessary, don’t delay in taking it because time with your child will suffer if you wait. Keep in mind that your lawyer may want to send a letter first before going to court.
  • Continue with child support. If an existing court order is already in place, make sure you keep up with child support payments until a court issues an order changing the arrangement.
  • Do what you can in the meantime. If there are serious issues with not getting parenting time, this could take a while to change in court. And while this step is necessary, it doesn’t mean you stop being a parent in the meantime. Make plans to do fun activities with your kids on Father’s Day and do what you can to speak with them/spend time with them. If your intentional planning still doesn’t change the situation for this Father’s Day, tell your kids your plans for the future. This will let them know you want to spend time with them and are thinking about them.

Divorce can be messy, but the priority of both parents should be for the “mess” to affect the children as little as possible. However, because feelings are involved, a parent may believe they are acting in the child’s best interests even if they are not. This is why a lawyer is necessary in some cases to resolve conflicts between parents going through a divorce. While these negotiations may change what your Father’s Day looks like, remember that this day comes around every year, so there will be more opportunities to spend this special day with your kids the way you want to.

David Badanes, Esq. and the Badanes Law Office, P.C. provides real-world advice to help you through this challenging time. If you are contemplating getting a divorce, and need an attorney to represent you, call David Badanes and the Badanes Law Office today at 631-239-1702 or email at david@dbnylaw.com.

The Badanes Law Office has offices in Northport, Suffolk County and Uniondale, Nassau County.

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The Super Bowl and Divorce

by David Badanes | January 26, 2021

The Super Bowl, what some people call the “true National Holiday.”  Even people who don’t care about football tend to watch the Super Bowl for the commercials. For divorcing couples who have children, the Super Bowl is one more issue that should be addressed in their divorce.

Since most divorces are settled, the parties will decide among themselves when they have the children.  Typically, for most holidays, the parties will alternate on a yearly basis.  For example, one spouse will get Thanksgiving on Odd years and the other spouse will get Thanksgiving on Even years.  In this way, each parent is treated fairly and they get to see their children for at least some of the holidays each year and will see their children for all the holidays every two years.

Whether or not the Super Bowl is important to you, it might be important to your spouse and/or in the future, you might change your mind.  You can treat the Super Bowl the same as any other holiday, by alternating which parent has the children for the “big game” on a yearly basis.  Alternatively, if both spouses agree, one spouse can have the Super Bowl every year with the children.

David Badanes, Esq. and the Badanes Law Office, P.C. makes sure that all the issues, even the Super Bowl, is discussed and handled in any divorce that involves children.  If you are seeking a divorce contact David Badanes and the Badanes Law Office, P.C.  David Badanes has represented and helped numerous clients and can help you. To contact David Badanes and the Badanes Law Office, call: 631-239-1702, email: david@dbnylaw.com or visit their web site at www.dbnlaw.com.  The Badanes Law Office has offices in Suffolk County (Northport) and in Nassau County (Uniondale).

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Tips for Managing Child Custody and Visitation During Quarantine

by David Badanes | May 12, 2020

Currently, most of New York State is under quarantine orders. This has created some issues and problems as it relates to child custody and visitation. Here are some tips on how to manage child custody and visitation.

Follow Existing Orders: If you have a Court Order, then to the best of your ability you need to follow such Orders. If you have any questions about how to do this, then you should consult with your attorney.

  • If You Have the Coronavirus: If you have the Coronavirus or suspect that you have it, of course, the first thing you need to do is seek medical attention. If you have to isolate yourself, then do so. During your isolation or if you are instructed by medical professionals, do not see your children and let the other parent know that you have the Coronavirus or suspect that you have it.
  • Get re-tested: If you were diagnosed with the Coronavirus, then once you can, get re-tested to make sure that you are well enough to see your children. Inform the other parent that you now are symptom-free and that you can see your children.
  • Talk to your children: If your children are old enough to understand, then you should have an age-appropriate conversation with your children about the Coronavirus and how it affected you.
  • If you do not have the Coronavirus and the other parent prevents you from seeing your children, then you must contact your attorney.

David Badanes and the Badanes Law Office, P.C. have helped numerous clients in their child custody and visitation issues and in obtaining a divorce. Please like us on Facebook to get important legal news, tips, and articles: www.facebook.com/BadanesLawOffice.

Your Ex Never Shows Up For Scheduled Visits – What You Can Do

by David Badanes | May 22, 2019

Unfortunately, in some divorces, one of the parents will constantly not show up for their scheduled visits (parenting time) with the parties’ children. This can be especially frustrating when the location for the exchange of the children is at a location that is not your residence. Here are some things you can do if your ex is not showing up for scheduled visits.

  1. Keep a log (diary) of each time that your ex does not show up. Make sure your log states the date and how long you waited. In general, you should wait at least 15 minutes before leaving the exchange location.
  2. Text your Ex. Since virtually everyone has text capability, you should text your ex prior to the exchange time (about 30 minutes before) and then also text your ex when you are at the exchange location. If the exchanges are at your residence, then you can text at the time when the ex is supposed to be there. Make sure to save and print out your text messages.
  3. Send letters to your Ex. After three or more “no shows”, you should send a letter to your ex, stating that he/she did not show up at the exchange time or location. In the letter, you can state that unless your Ex gives prior notice that he/she will arrive on time for the next visitation time, that you will not be there for the next exchange. It is good advice to have your attorney send this letter. It is also good advice to send the letter by certified mail, return receipt requested.
  4. Go to Court. You may want to go to Court to get a Court order stating that you do not have to wait for your ex to show up at the exchange location.

If you are seeking a divorce or need to hire an attorney, please contact David Badanes and the Badanes Law Office, P.C. David Badanes and the Badanes Law Office’s phone number is 631-239-1702, email at david@dbnylaw.com or visit us on Facebook to get important legal news, tips and articles: www.facebook.com/BadanesLawOffice.

Do I Have To Force My Child To Visit The Non-Custodial Parent?

by David Badanes | January 28, 2019

Legally, the answer may be “yes”. If there is a Court Order requiring “visitation” or “parenting time”, then, you are required to follow the Court’s Order.

However, a parent with a young child versus a parent with a teenager are two very different scenarios. In virtually all situations, a young child will be required to have parenting time with the non-custodial parent. In contrast, a teenager who is over the age of 16 years of age, may not be “forced” to have parenting time with the non-custodial parent.

Although, you are required to follow a Court’s Order, there is also a “reasonableness” and common-sense factor. In other words, there could be an overriding situation, where you do not need to physically deliver the child to the other parent.

For example, if a child is too ill or too sick to visit, then you could legitimately have a valid reason to keep the child at your home. However, the child better be “truly sick”, as the other parent could order a “well check”, by calling the police to see if the child is ill or too sick to visit.

If a child is too ill or sick to visit, or a teenager is refusing to visit the other parent, it is important that you communicate the situation in a timely matter with the other parent. This will make the courts view you in a more positive light, than just not delivering the child at all. It may also help to document each instance of your child’s refusal, and the circumstances surrounding the event.

If your teenager doesn’t want to have parenting time with the other parent, you should try to determine the reasons why. It should not just be because they are “bored”. However, if there is a seriously negative situation at the other parent’s home – i.e. physical abuse – then you should take action in court immediately. You should not just simply stop visitation.

It is important to note that Courts want both parents to be involved in their children’s life. If you cut-off all visitation with the other parent, there could be serious negative consequences to you.  For example, the Court could determine that you are no longer eligible for child support.

If you have questions regarding custody and are thinking of seeking legal action, contact David Badanes and the Badanes Law Office, P.C.  Call us at 631-239-1702 or email David Badanes, Esq. at david@dbnylaw.com. The Badanes Law Office has offices in Northport and Uniondale.

Please like us on Facebook to get important legal news, tips and articles: https://www.facebook.com/BadanesLawOffice.