Parenting Time Schedules
Parenting time schedules are important when litigating most child custody cases. Yet, creating these timetables can be time-consuming when considering the timeframe must benefit the child, the other parent, and you. You also want your parenting schedule to allow you the freedom to co-parent while also accounting for any potential issues you may have.
Our White Plains, NY Family Law Lawyers at Douglas Family Law Group, PLLC, can assist you in creating ideal parenting time schedules that consider your needs and unique circumstances. Call us today at 914.615.9058 to set yourself up with an initial consultation to find out how we can help you more specifically.
How Do Parenting Time Guidelines Work in New York?
There is no set method for determining New York parenting times schedules in divorce cases because every family case is unique. The court considers the children’s best interests, which can alter over time. For instance, small children may require 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 success for other families in comparable situations. Legal custody entitles you to make crucial decisions 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 primarily two types of custody disputes: The unfit parent scenario, and the comparative scenario.
The Unfit Parent Scenario
In this 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 issues that may render them unfit to raise the child or children.
The Comparative Scenario
The comparative scenario is typically considerably more difficult to prove in court. It signifies that while both parents can raise the child or children, one parent feels it would be best for the child(ren) to live with them and be supervised under their care. In this situation, each parent promises to convince the court of their position on the best interest of the child(ren) and why the other parent is mistaken.
The custody agreement remains in effect until the child turns 18 or becomes an adult. You can request a modification from the court. It is important to remember that a judge will only modify custody if there’s a material change in circumstances that significantly affects what is best for your child(ren).
A judge can schedule a court proceeding to review the evidence supporting the proposed custody change. Life changes, such as the birth of a new child or a parent remarrying, do not always necessitate a change in custody. However, some factors that may result in a significant change are:
- A parent acquiring an illness
- Moving abroad
- A sudden plummet in your child’s grades.
Therefore, it is important to remember that a change in custody depends on your child’s needs, not your personal wants or 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 parenting time schedules in New York.
Posession 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/children. It can also specify you choices regarding their education, medical care, and other crucial issues.
Parenting time may change depending on the requirements and schedules of both parents. The order mainly aims to ensure the child is secure and ehalthy while maintaining 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.
This order intends to give the non-custodial parent time to visit the child, such as on alternat weekends, public holidays, or several summer weeks or days. Its specifics can vary depending on the setting and circumstances. The order provides both parents with a regular and predictable schedule for spending time with their child or children while also considering the requirements and best interests of the children.
Parenting Time Schedules
Several New York 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 reveiw your parenting plan for the best outcome. Contact us today at 914.615.9058 to have our expert child custody attorneys reveiw your proposed agreement.
50/50 Parenting Schedule
This plan rules that parents can spend almost equal time with their children. The schedule may have the child spending a week or two with one parent and then the same amount of time with the other parent. However, you must ensure that these plans do not interfere with their needs, especially New York parenting and school time.
60/40 Parenting Schedule
In a 60/40 split, one parent has the child 60% of the time, while the other parent has the child for the other 40% of the time. Each parent is aware of the days of the week the child will be with them in advance, making it a simple agreement to follow. The plan can be helpful when one parent doesn’t get along with the other parent but wants to spend time with the child.
70/30 Parenting Schedule
This arrangement allows for the child to live with one parent for 70% of the time, while the other parent receives the child for the other 30% of the time. This plan is especially effective when the parents do not reside close to one another, or when one parent travels for significant periods of time.
80/20 Parenting Schedule
This arrangement allows for the child to live with one parent for 80% of the time, while the other parent has the child from the remaining 20% of the time. This plan works well for parents that live in two different households and one parent takes on substantially more of the caretaking responsibilities of the child.
90/10 Parenting Schedule
In a 90/10 parenting schedule, the child does not spend nights with on parent. Instead, they only see the chidl during the day.
Summer Parenting Plan Schedules
By adding dates or allocating each parent a specific number of weeks for vacations and other activities, particualrly those who are sharing 50/50 or 60/40 parenting schedules, the parents can maintain the same schedule during the summer when the child or children are not in school.
Specifically, parents who reside far apart will have their children live with one parent during the academic year, while the other parent has the children during the summer months.
Holiday Parenting Plan Schedules
The handling of holidays varies from day-to-day while creating a parenting plan. Parents often switch holidays. This allows for the kids to have different holidays at each parent’s residence without affecting school-time.
How Can a Parenting Schedule Attorney 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 on stand-by to assist you 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 some 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 when you understand the distinction between the different types of custody and parenting schedules.
Develop a Personalized Legal Strategy
Family courts in New York prioritize the best interest of the child when making custody judgements. Our child custody attorneys will put much effort into drafting a custody petition demonstrating your desire is in the child’s best interests. Some of the relevant evidence we can use include an older child’s request, the effectiveness of the home setting, or evidence of an emotional connection between you and your child or children.
Coordinate Your Case With Outside Professionals
When disputing child custody, your ex-spouse may accuse you of using drugs or harming the kids. Our lawyers have ample experience disproving baseless claims and protecting your rights. The jury may appoint a Guardian ad Litem to provide an opinion in a particularly contentious custody dispute.
Our team also works with unbiased child psychologists or private eyes to assist you in proving the best interest of the child.
Organizing and Presenting Evidence About Child Living Conditions and Familial Relationships
In custody disputes, the kid’s best interests are the most crucial legal consideration. Thus, you may need to provide documentation about the child’s residence and family dynamics. Our experienced lawyers 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 a judge’s decision.
In the event your matter requires legal action, you should, without a doubt, retain our powerful lawyers to guide you through the system. The court will ensure that everyone abides by the trial rules, evidence rules, and court regulations.
Our lawyers will provide crucial information in an attempt to persuade the court to rule in your favor/assist in obtaining a verdict that partially satisfies your demands. A lawyer’s testimony in court, when supported by facts and focusing completely on the issues a judge will consider, can have the heaviest impact on a favorable verdict.
Modifying Child Custody Agreements
Modifying existing child custody agreements is not easy. It is critical that you hire a powerful attorney to represent your interests as it is only possible to modify an existing arrangement through a court judgement.
You will have to appear in court, even if you agree to the modification. Our child custody lawyers can assist you be 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. If you are concerned about the child’s safety or want visitation rights established, our attorneys will discuss your legal options to have the court consider granting custody or visitation rights to other members of the child’s family, such as grandparents.
Contact Our Child Custody Lawyers to Help You Take the Best Next Steps
The recurring theme in parenting time schedules is to have a powerful and knowledgeable attorney at your side. Our team understands 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 today at 914.615.9058 to schedule your initial consultation and get a compelling and tailored legal strategy developed to get you the best possible arrangement.
