Tag: child custody agreement

Can I Change My Child Custody Agreement Even If I Have Been Divorced a Long Time?

by David Badanes | April 2, 2018

In many divorces, the children are fairly young, and your divorce agreement regarding child custody may be very outdated. However, provided your children are under the age of 18 years of age, it is never too late to change your child custody arrangements.

In order to change any child custody agreement, regardless if it was signed two days ago or fifteen years ago, you typically have to show a significant change of circumstances. This means, that since the date that the agreement was entered into, that there have been many (significant) changes in the children’s lives; the custodial parent’s situation or your situation.

One good reason to have a change in custody, is that the children now want to live with you. However, the children will have to be sincere in their reasons for wanting to change their living situation from one parent to the other parent.

Another possible good reason, is that the custodial parent wants to move out of New York State, but, the children want to stay in New York.

If you are not seeking a change in custody, but, only more parenting time with the children, that may be easier to obtain. Again, you still have to show a significant change of circumstances (i.e. a good reason), why you should have more parenting time. Every situation is different, so depending on how much more time you want, and why, it hard to predict if your request will be granted.

David Badanes and the Badanes Law Office, P.C., have represented countless clients in their divorce. If you are seeking a divorce or a change in your child custody agreement, 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 our web site: www.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: www.facebook.com/BadanesLawOffice.

What The Solar Eclipse Teaches Us About Child Custody

by David Badanes | August 18, 2017

On August 21, 2017, the United States will experience a total solar eclipse. This is the first total solar eclipse to occur for the entire continental United States in over one hundred years. How does that relate to child custody?

In a divorce, the parents will divide their time with their children for weekends, holidays and vacations. Yet, there are certain events that no one can predict or will be included in a divorce agreement. I can safely say that before today, there are no divorce agreements that will tell the parents how to handle a solar eclipse.

I have heard that some parents are having solar eclipse parties and certainly many parents are taking their children outdoors and viewing (safely) the solar eclipse. However, most likely some divorced parents will not have the opportunity to celebrate the solar eclipse with their children.

Unfortunately, life has many unplanned and unpredictable events. The solar eclipse teaches us that no matter how detailed your divorce agreement may be, there will be events that are not covered. Hopefully, the divorced parents can discuss how to handle these events, and keep the children’s best interests in mind. Yet, it is clear that some divorced parents will not be able to compromise or work out these types of events.

Although, no divorce agreement can have contingencies for every event, it is a good idea that your child custody agreement addresses the following somewhat common events: weddings (your own, close family members), religious events (communions, bar mitzvahs, etc.), grandparent anniversaries, funerals, and graduations). It is also a good idea to have a catch-all, which would cover any “special event”.

David Badanes and the Badanes Law Office, P.C. have represented countless clients in their divorce.  The Badanes Law Office makes sure that your divorce agreement covers special events.

If you are thinking of getting divorced, call David Badanes, Esq. today at 631-239-1702, or email at david@dbnylaw.com.  The Badanes Law Office has offices in Northport, Suffolk County and Garden City, Nassau County.

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

Why Most Child Custody Attorneys Get July 4th Wrong And I Get It Right?

by David Badanes | June 12, 2017

July 4th, Independence Day, and a day that is typically celebrated with fireworks in the evening and parades in the morning. Yet, when it comes to how divorced parents will celebrate the holiday with their children, most child custody attorneys do not set up the correct custodial schedule.

I have read hundreds of other attorney’s divorce agreements. Virtually every one of them will states something like this:

On even years with the Mother from 10:00 a.m. to 8:00 p.m., on odd years with the Father from 10:00 a.m. to 8:00 p.m.

This makes no sense. If the parents were to try to follow this schedule they would have to switch the children at 8 p.m., close to the time that a typical fireworks show will go on.

Instead, it makes more sense and will benefit the children if the child custody agreement states something more like this:

On even years: The Mother will have the children from July 3rd at 12 noon until July 5th at 12 noon; On odd years: The Father will have the children from July 3rd at 12 noon until July 5th at 12 noon

That schedule will allow the children to enjoy all of July 4th with one parent with the added benefit of not having to wake up so early on July 5th.

Even if you do not like fireworks, your children may or you may be invited to a July 4th party. It is better to have the flexibility of having the entire July 4th day, instead of breaking up the day, and forcing you to rush back to switch the children to the other parent.

If you want more common sense solutions to child custody issues, David Badanes, Esq. at Badanes Law Office can help you. David Badanes has represented countless clients in their divorce cases.

Contact a child custody attorney today at 631-239-1702 or email at david@dbnylaw.com. The Badanes Law Office has an office in Northport, Suffolk County and an office in Garden City, Nassau County.

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