Tag Archives: Child Visitation

Traveling with Children? Make Sure You Read This First!

Traveling with Children? Make Sure You Read This First! by Joshua Katz

{2:20 minutes to read} What rights do custodial and noncustodial parents have to take their children on domestic or international trips?

Custody/visitation agreements and court orders should be as detailed and specific as possible. Agreements should specify whether or not either parent needs consent from the other parent prior to taking the child on a trip.

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Supervised Visitation: When Is It Best for the Child?

Supervised Visitation: When Is It Best for the Child? by Joshua Katz

{2:10 minutes to read} Normally, a child’s best interests are best protected by allowing the development of the fullest possible healthy relationship with both parents. However, if one parent places the child’s physical safety at risk, or the parent is having some other kind of negative impact on the child’s emotional well-being, supervision of visitation can be imposed.

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Legal vs Residential Custody: What Should You Know?

Legal vs Residential Custody: What Should You Know? by Joshua Katz

{3:05 minutes to read} When discussing custody with a client, it must be clear that there are two different facets: legal and residential.

  • Residential custody defines where the children will primarily reside; and
  • Legal custody concerns the decision-making authority for the children.

Generally, children will reside with one parent and visit with the other. The main issue to work out, with residential custody, is the parenting plan. How much time, and when, the children will visit with the non-custodial parent needs to be established.

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Who Gets the Kids This Holiday?

Who Gets the Kids this Holiday? by Joshua Katz

{3:30 minutes to read}

When putting together a parenting plan, attorneys should be aware of all religious holidays, as well as civil holidays, that are important to the client. It goes without saying that children are to be with their mothers for Mother’s Day and their fathers for Father’s Day. But what about the rest of the holidays?

I can’t tell you how many clients I was dealing with on an emergency basis the week before Mother’s Day this year, because the clients couldn’t work out arrangements without help from counsel.

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Equal Parenting Rights is NOT a Presumption of 50/50 Time

Equal Parenting Rights is NOT a Presumption of 50/50 Time By Joshua Katz

{3:30 minutes to read} The laws in NY include no presumption in favor of one parent versus the other. However, there is no presumption in the law that parents are entitled to 50/50 time with their children. While equal access rights do exist, it does not mean that each parent is entitled to exact equal time with the children.

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