Do I Have To Keep Bringing The Children To See My Ex-Spouse If The Ex-Spouse Constantly Doesn’t Show Up?

In some situations, you may be bringing the children to see your ex-spouse, yet, the ex-spouse isn’t there or constantly doesn’t show up. In those situations, here is what you should do.

  1. If your ex-spouse generally does show up, but isn’t there, then you should give him/her at least 15 minutes to show up. You should also send a text message reminder to your ex-spouse stating that you will be meeting them at the specified time. If, after 15 minutes, your ex-spouse doesn’t show up, then send another text message saying that you are leaving and that he/she can call you when they are ready to pick up the children.
  2. If your ex-spouse hasn’t shown up for months, then you should send him/her a letter, via certified mail, return receipt requested, stating that you will no longer bring the children to see him/her. I would highly recommend having your attorney write this letter. If your ex-spouse responds to the letter, stating that he/she will now show up, then you should bring the children to see him/her.

In situations where the ex-spouse doesn’t show up to see the children, there are no “cookie-cutter” answers. It is important to protect your rights and to make sure that you are not violating any court orders. This is why it is best to make sure that you document what you are doing and to inform your attorney.

If you need help with your divorce, post-divorce or any other issue involving child custody or child support, David Badanes and the Badanes Law Office, P.C., have the experience and knowledge to help you. Contact David Badanes and the Badanes Law Office, P.C. at 631-239-1702, email at david@dbnylaw.com or visit our website: www.dbnylaw.com. The Badanes Law Office has offices in Northport and Uniondale.

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Can I Make Up Lost Parenting Time With My Children?

After your divorce, if there are children involved, each parent will have designated parenting time (sometimes called “visitation time” or “parental access time”). For example, one parent may have alternating weekends plus weeknight visits, or each parent may have 50% of the time with the children.

Oftentimes, either the non-custodial parent will lose some of their parenting time due to illness, work or some other valid reason. Whether or not that parent is entitled to “make up” time, depends on two factors: (1) Does the divorce agreement address “make up” time for the non-custodial parent’s missing parenting time? and (2) The relationship (or lack thereof) between the two parents.

In most divorces, there will be a divorce agreement (usually called a “Stipulation of Settlement”). The agreement will specify when each parent has parenting time with the children. The agreement can also have a provision for make up time.

However, typically, make up time is for when the custodial parent takes a day or a weekend “away” from the non-custodial parent. This, happens when there is a holiday, birthday, or other special event that takes away from the non-custodial parent’s parenting time. In those instances, the non-custodial parent is “due” make up time as it was the custodial parent who was “at fault” for the non-custodial parent missing parenting time.

In contrast, it is extremely rare for a divorce agreement to address or allow a non-custodial parent make up time for when the non-custodial misses time due to the non-custodial parent’s “fault” (meaning, illness, work or other reason). In those instances, the reason for the missed parenting time was due to the non-custodial parent’s action.

Therefore, unless your divorce agreement explicitly states that the non-custodial parent is allowed make up time due their own illness or other valid reason, in order to obtain make up time, in those situations, is to rely on the relationship between the divorced parents.

If you are lucky enough to have a working relationship with your ex-spouse, then you can always request make up time or to switch parenting time with your ex-spouse. Of course, your ex-spouse is under no obligation to give you make up time, however, perhaps they will realize that in the best interests of the children, it is best that they have as much time with both parents as possible.

David Badanes and the Badanes Law Office, P.C., have the knowledge and experience to make sure that you receive the best parenting time schedule as possible. If you need an aggressive attorney to represent you in your child custody dispute, then 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.

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

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.

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