Category Archives: Child Custody

How Do I Get To Spend the Holidays With My Children?

As parents, we want to spend the holidays with our children. We want to share the joy, the memories, and the traditions of our extended family gatherings with our kids. It is almost a certainty that your children's other parent will also want to spend the holidays with the children. But, unless you are co-parenting and spending the holidays together, it is unlikely you will both get every holiday with your children.

Planning is important

To avoid disappointments and fights, you must implement into any parenting plan a detailed holiday visitation schedule. The parenting plan should not only list the holidays, birthdays, and other special days, but should specify the special parenting pick-up and drop-off times for the holidays. These rules should supersede the regular parenting schedule.

So, for example, if Christmas is celebrated, one parent could have the children for Christmas eve in even years and Christmas day in odd years. But, if the holiday celebrations entail travel to visit extended family, splitting Christmas eve and day may not work. Instead, the parenting agreement could, provide that the traveling parent could have the child for the entire week between Christmas and New Year’s.  In exchange, the other parent could have that same week the following year or some other desired vacation period (Thanksgiving or Spring break). There are no hard and fast rules other than what is specified in your parenting plan or custody agreement.

Communicate in advance of the holiday

If travel is involved, I cannot emphasize enough the importance of communicating with the other parent to verify you both share the same understanding of the parenting agreement.  Litigating a holiday visitation schedule does not get the holidays off to a festive start.

Understandably, you will miss your children, but celebrating the holidays should not be all about your needs- it should be for the children. Try to set aside any differences with the other parent to enable the children to have a fun and drama-free holiday.  Allow and encourage the children to enjoy themselves

If you have questions or concerns regarding your custody or parenting plans, call us (212) 683-9551 or contact us to arrange for a consultation

Also see:

Tips To Make Holiday Visitation Less Stressful

New York Parenting Plans: Handling Holidays and Vacations in Child Custody Agreements

7 Tips to Make Holiday Parenting Time Less Stressful

 

Same-Sex Couples Presumed Legitimate Parents of Children

In New York, there is a “presumption of legitimacy” which provides that a child born during a marriage is presumed to be the married couples’ child.  A New York appeals court ruled that this presumption should apply equally to both heterosexual and same-sex couples. This is a logical extension of the Court of Appeals decision…
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How is Child Custody and Decision-Making Determined in New York?

There is a welcome trend in child custody cases in New York- parents, the courts and even New York divorce attorneys, are all recognizing the importance of both parents being engaged in making decisions effecting their children’s health, education and welfare. Rather than vesting one parent with child custody and decision making authority, now many…
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How To Tell and Prepare Your Children For Divorce

The most difficult parts of divorce is that moment when you have to tell and then begin to prepare your children for the divorce. While your children may be bystanders to the decision to divorce and legal proceedings, they may suffer the consequences of the decisions they had no part in making. How you inform…
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Who Gets the Dog in a New York Divorce: New York Pet Custody

  Pet custody continues to be one of the hottest topics in divorce law.   Divorcing couples will go to war to fight for custody of their beloved dog or cat. Until recently there was no clear standard for pet custody cases; it was not clear whether New York divorce courts would treat dogs and cats…
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Tips To Make Holiday Visitation Less Stressful

For divorced parents in New York, December may be a bittersweet time.  While Christmas, Hanukkah, Kwanzaa and New Years are all joyful, they are also holidays that parents traditionally celebrate with their children and extended families.   It is likely, that your parenting plan and visitation schedule will allow your spouse to be with the children…
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Film Provides Fodder for Paternity Discussion with Manhattan Backdrop

Determining who a child’s father is hard on everyone involved. It’s not exactly a leading storyline for the silver screen. But a recent movie called “Don’t Worry Baby” provides a framework for discussion of the important issue of child paternity. The story takes place in Manhattan. A fashion designer mother who had taken a hiatus…
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Same-Sex Custody in New York: Non-Biological Mom Can Seek Custody

Just as the definition of marriage has evolved in New York to include same-sex couples, so has the definition of family.   It is now common for a married same-sex couple to have children and, like heterosexual couples, when the relationship sours, custody battles ensue. Until recently, the existing law in New York was that a…
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We are available and prepared to address all your divorce and family questions during the coronavirus crisis. Contact us to schedule a video or telephone consultation to discuss your questions about divorce, separation, child custody or even pre-nuptial agreements In addition to providing traditional divorce and family law representation, during this crisis period, we will be focused on delivering rapid-response legal and mediation services to clients facing emergency financial and child-related issues.
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