David Badanes concentrates in Matrimonial and Family Law with offices in Northport and Garden City.
Today’s straight talk: What are some important aspects to know about child custody?
If you are getting divorced and you have children, you may be concerned about child custody and how often you’re going to see your children after the divorce.
There are many examples of child custody, there is joint legal custody and sole custody. If you have joint legal custody, you have certain rights in determining what happens to your child when it comes to medical decisions, educational decisions, and other decisions that affect your child’s life. And that would be determined in the divorce. That determination will either be made by the judge or in your agreement that you make as part of your divorce.
Straight talk with David Badanes, Esq, an experienced divorce and family law attorney, about child visitation rules.
What to know about visitation rules?
If you have children, you may be wondering how you can visit your children or what I like to called “parenting time” or what some people called access time with your children.
What’s important to know about parenting time is that it has to be very specific of what your times would be with your children. If it’s not specific, then it’s left out to your spouse or court to determine exactly what it means.
A good example would be, you cannot just say I am going to see my child on a weekend, you should say something more like I’ll have my child on Friday evening at 5 o’clock and return the child on Sundays at 7 o’clock. Of course the exact times and the exact dates may change depending on your situation, but the important thing to know is that it has to be very specific.
Also, you have to take care of all the holidays that are important to you, whether it is Christmas or Hanukah or whatever other religious holidays you may enjoy and celebrate with your child. You have to go through the calendar and make sure that all the holidays are taken care of and all the school holidays are taken care of so that you get to see your child when you want to see your child.
Also, you should make sure you have some of the vacation time in that agreement so that you know that you have vacation time with your child.
So visitation again means parenting time with your child and should be very specific when you get to see your child or your children so that you can make sure that your rights will be protected.
If your ex-spouse is allowed to relocate, with your children, out of state (or within New York State, but, more than 100 miles away), then your parenting and visitation rights will be effected. It is important to know that before your ex-spouse is allowed to relocate, you can petition the Court to prevent the relocation (see article: Relocation (After Divorce) for more information). This article will assume that the Court has allowed your ex-spouse to relocate.
Since your will be a great distance away, typical parenting time arrangements will usually not work. Therefore, it is important to come up with creative solutions so that you can still have a good relationship with your children.
With today’s technologies, you can Skype or Video Chat with your children for little to no cost. This allows you to keep in touch and see your children.
As for parenting time, here are some ideas:
You should request that you have parenting time once a month, for a full weekend.
You should request four weeks of parenting time during the summer.
You should request that you have parenting time during the children’s extended school vacation weeks (December recess, February recess and Spring recess).
You should always request that your ex-spouse pays for all travel expenses to and from your residence.
David Badanes and the Badanes Law Office excel in seeking creative and innovate solutions to difficult problems. The Badanes Law Office has helped several individuals who have faced relocation issues. If you live in Suffolk County, Nassau County or New York City and need a divorce lawyer, then Contact David Badanes and the Badanes Law Office at by calling, 631-239-1702, or email at email@example.com The Badanes Law Office has offices in Northport, Garden City, Brooklyn and Manhattan.