One of the most prominent matters of a divorce when the spouses are parents is that of custody and parenting time. When parents are trying to determine how often they can see their children, they must abide by the custody arrangement that is agreed upon in court. In addition to this, parents may have a parenting time agreement that outlines how they plan to split their time with the children. These agreements often have designated holidays for each parent. However, in the event that your parenting time agreement does not discuss holidays, continue reading below to learn more and contact an experienced New York family law attorney for assistance.
What are Types of Custody Agreements?
In New York, there are two types of child custody: physical and legal custody. Physical custody refers to the parent the child spends the most of their time and lives with. Legal custody refers to a parent’s right to make decisions about the upbringing of their child. This can include education, religion, medical, and more.
The courts tend to want both parents to be involved in their child’s life. It is because of this that shared custody is often rewarded. However, this decision is only made if it is in the child’s best interests. To determine the best interest of a child, the court may consider the following:
- The relationship both parents have with their child
- If a parent was involved in criminal activity, have a substance abuse problem, or have exposed the child to domestic abuse
- The child’s needs, including both physical and emotional
- The child’s educational needs
- If the child is of sufficient age to state their preference
- The geographical proximity of both parent’s homes
- Whether a parent can support the child’s standard of living
- Whether the parent can provide the child with a stable and safe home
What do I do if a Holiday is Not in my Custody Agreement?
If one parent wants to spend a holiday with their child that is not in the parenting time agreement, there are options available to them. First it is a good idea to simply speak with the other parent regarding the holiday to see if they will accept swapping time. If this does not work, it is possible for the parenting time agreement to be modified. This can be done by petitioning the court for a post-judgment modification to allow changes to be made so a parent can see their child on an undesignated date, such as a certain holiday. It is important for a parent to know that, during this time, they are required to prove there has been a significant change in circumstances that warrants the modification. An experienced family law attorney can provide assistance with these matters.
Contact our Firm
The Law Office of Peter L. Jameson, PLLC understands the harsh implications of relocation can have on a child and his or her parents. When you have a contested relocation matter, it is important to have an experienced attorney to represent you in court. If you are faced with a relocation matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.