Parenting time schedules are important when litigating most child custody cases. Yet, creating these timetables can be time-consuming, considering the timeframe must benefit the child, the other parent, and you. Also, you want your parenting schedule to allow you the freedom to co-parent while also accounting for any potential issues you may have.
The White Plains, NY Family Law Lawyers at Douglas Family Law Group can assist you in creating ideal parenting time schedules that consider your needs and unique circumstances. We will look for and address issues or concerns that can develop later.
Contact us at 914-615-9058 to arrange a private appointment and learn more about child custody and parenting plans in New York.
How Do Parenting Time Guidelines Work in New York?
There is no set method for determining NY parenting time schedules in divorce cases because every family case is unique. The court considers the children’s best interests, which may alter over time. For instance, small children require, more often, shorter visits with each parent, whereas teenagers benefit from fewer, longer intervals with each parent.
You should consult with our family law specialists to determine your children’s needs and make recommendations for various access schedules that have been successful for other families in comparable circumstances.
Legal custody entitles you to make crucial choices regarding the children’s health, education, and religion. A child’s primary residence is referred to as their physical custody. The parent with physical custody will split time with the children with the other parent.
Custody Disputes & Parenting Time
There are two types of custody disputes.
The Unfit Parent Scenario
One parent typically works to obtain physical custody of the child or children if the other parent has a mental health issue, uses drugs excessively, or has some other issue that renders them unfit to raise the child or children
The Comparative Scenario
The comparable scenario is typically considerably more difficult to prove in court. It signifies that while both parents can raise the child(ren), one parent feels it would be best for the child(e) to live with them and be supervised. In this situation, each parent promises to convince the court of their position on the children’s best interests and why the other parent is mistaken
The custody agreement remains in effect until the child turns 18 or becomes an adult or until modification. You can request a change for your child’s primary residence from the court. But remember, a judge will only modify custody if there’s a material change in circumstances that significantly affects what’s best for your kid.
A judge can schedule a court proceeding to review the evidence supporting the custody change. Life changes, such as the birth of a new kid or a parent remarrying, don’t always necessitate a change in custody. However, a change in custody is possible if a significant event occurs — such as:
- A parent acquiring an illness
- Moving abroad
- A sudden plummet in your child’s grades
Ultimately, a change in custody will depend on your kid’s needs, not your difficulties.
What Are the Types of Parenting Time Guidelines in New York?
Courts normally use orders to enforce parenting schedules based on your child’s custody agreement. Expect to receive any of the following orders when contesting for NY parenting time schedules:
Possession and Access Order
A Possession and Access Order is a legal document that outlines the custody and visitation rights of separated or divorced parents. It informs each parent when and where to pick up their child. It can also specify your choice regarding the child’s education, medical care, and other crucial issues.
The parenting time may change depending on the requirements and schedules of both parents and what is best for the child. The order mainly aims to ensure the child is secure and healthy and maintains positive relationships with both parents.
Standard Access Order
A Standard Access Order is a default parenting schedule where child custody disputes often begin. It is useful when the parents cannot agree on a schedule, or the court determines that the parents’ schedule is not in the child’s best interests.
It intends to give the non-custodial parent time to visit the child, e.g., on alternate weekends, public holidays, or several summer weeks or days. Its specifics can vary depending on the setting and circumstance. The order provides both parents with a regular and predictable schedule for spending time with their child while also considering the child’s requirements and best interests.
Parenting Time Schedules
Several NY parenting time schedules apply when separated parents still wish to spend time with their kids. However, you should consult a reputable New York child custody attorney to review your parenting plan for the best outcome.
Below are some of the most typical schedules.
50/50 Parenting Schedule
The plan rules that parents can spend almost equal time with their children. The schedule may have the child spending a week or two with the mother and the same amount with the father. However, you must ensure these plans do not interfere with the child’s needs, especially New York parenting and school time.
60/40 Parenting Schedule
In a 60/40 schedule, one parent has the child 60% of the time and the other parent 40% of the time. The youngster may typically spend the first four days of the week with one parent and the final three days with the other.
Each parent is aware of the days of the week the child will be with them in advance, making it simple to recall this arrangement. The plan can be helpful when one parent doesn’t get along with the other parent but wants to spend much time with the child. However, the plan should be fine with New York parenting and school time.
70/30 Parenting Schedule
A 70/30 arrangement allows the child to live with one parent 70% of the time and the other 30% of the time. The plan is effective, especially when the parents do not reside close to one another or when one parent often travels for business.
80/20 Parenting Schedule
In this case, the child lives with one parent 80% of the time and the other 20% of the time. The plan is useful when a youngster needs to adjust better to living in two different houses and when one parent looks after the child most of the time while the other is less involved.
90/10 Parenting Schedule
In a 90/10 parenting schedule, the child does not spend nights with one parent. Instead, they are only seen by them during the day. This concept is wonderful if only one parent physically looks after the child.
Summer Parenting Plan Schedules
By adding dates or allocating each parent a specific number of weeks for vacations and other activities, some parents, particularly those who share parenting 50/50 or 60/40, can maintain the same schedule during the summer.
Some, particularly those who reside far apart, will have their children live with one parent during the academic year and the other during the summer. It depends on the circumstances and how well-agreed upon a timetable between the parents that work for both of them.
Holiday Parenting Plan Schedules
The handling of holidays varies from day to day while creating a parenting plan. Parents may often switch holidays where one spends time with the kid(s) for Christmas, Thanksgiving, or Easter with the other parent. The best thing about a holiday schedule is that it does not affect school time.
Do I Need a Parenting Time Lawyer, and How Can They Help?
You should consult a knowledgeable child custody lawyer if you have any concerns regarding your parenting schedule. Making a parenting plan can be challenging, particularly when adults don’t cooperate or communicate with one another.
Your lawyer will be by your side throughout what might be an extremely stressful procedure. Our White Plains, NY, parenting lawyers are standing by to assist with your parenting time schedules in the following ways.
Inform You about Parental Rights
Separating from your spouse means that you are in a new legal situation. In this case, you may need clarification on the legislation and what to do next. You can learn more about your legal status with a White Plains, NY, parenting lawyer.
The legal procedure will be simpler if you understand the distinction between legal and physical custody and a New York court’s considerations when deciding on custody.
Develop a Personalized Legal Strategy
Family courts prioritize the best interests of the child when making custody judgments. A child custody attorney in White Plains, New York, will put much effort into drafting a custody petition demonstrating your desire in the child’s best interests.
Some of the relevant evidence a lawyer can use include an older child’s request, the effectiveness of the home setting, or evidence of an emotional connection between the parent and child.
Coordinate Your Case With Outside Professionals
When disputing child custody, your ex-spouse may accuse you of using drugs or harming the kids. A lawyer can help in protecting your rights. The jury might appoint a Guardian ad Litem to provide an opinion in a custody dispute.
Also, our White Plain parenting attorneys can work with an unbiased child psychologist or private eye to assist you.
Organize Evidence About Child Living Conditions and Familial Relationships
In custody disputes, the kid’s best interests are the most crucial legal consideration. Thus, you might need to provide documentation about the child’s residence and family dynamics.
A parenting schedule lawyer may request an inspection to determine whether a child’s home or familial ties are strong enough. Evidence that a child doesn’t know a parent well or that the parent lives in an undesirable area may sway the judge’s decision.
Present Evidence in Court
If your issue requires legal action, you should, without a doubt, retain a White Plain, New York, child custody attorney to guide you through the court system. The court will ensure that everyone abides by the trial rules, evidence rules, and court regulations.
A lawyer can provide crucial information to persuade the court to rule in your favor or assist you in obtaining a verdict that partially satisfies your demands. Mostly, a lawyer’s testimony in court is supported by facts and focuses explicitly on the issues a judge will consider.
Pursue Child Custody Modification
You can only modify a custody arrangement in court. There are several justifications for switching custody according to the law. You must still appear in court even if you agree to the modification. Our child custody lawyer in White Plains, New York, can assist you by drafting a precise and compliant petition.
Acquire Custody or Visitation Rights for Grandparents
A family court visit may be necessary for grandparents who wish to see their grandchildren. Suppose you are concerned about the child’s safety or want visitation rights established. In that case, child custody lawyers in White Plains may discuss your legal options with you and work to have the court consider your concerns and your family’s needs.
Estimate Child Support Payment
The amount of child support paid depends on the custody decision. The New York Child Support Guidelines outline how much you must give or receive. These sums are crucial for both your family’s comfort and financial stability. The calculation considers the amount of time a child spends with each parent, the combined income of both parents, and who foots the bill for child care and health insurance.
A lawyer can help you to calculate fair and precise child support. Legal assistance is crucial if you need to uncover hidden income or qualify for modifications to your income.
Contact a Child Custody Lawyer in White Plains, NY To Help You Take the Next Best Steps!
Children of different ages may have varying custody and visitation schedules, even within the same family. Besides, White Plains, New York parenting time schedules need adjustments as children age and situations change.
Child custody attorneys at Douglas Family Law Group understand your affection for your children. We will take immediate action to ensure you continue playing a significant role in your children’s lives.
Contact us at 914-615-9058 to schedule a consultation with our family and parenting plan lawyers in White Plains, New York.