When parents face the prospect of divorce, few concerns weigh as heavily as matters involving their children. Questions about custody, parenting time, and how to protect the parent-child relationship can create tremendous anxiety during an already difficult time. At Joseph Law Group, P.C., we understand that your children are your priority, and we are committed to providing the clear, ethical guidance New York families need to navigate these challenging decisions with confidence.
This comprehensive guide will walk you through the fundamental aspects of child custody in New York, including how parenting time is determined, what rights and obligations you hold as a parent, and practical strategies to strengthen your position in custody proceedings.
Understanding Parenting Time in New York
Parenting time refers to the schedule that determines when each parent spends time with their children following a separation or divorce. This is not simply about dividing hours and days; it is about creating a framework that allows children to maintain meaningful relationships with both parents while providing the stability they need to thrive.
When establishing parenting time, courts and parents must consider multiple calendars and scheduling factors. The weekly calendar addresses routine school days and weekends, determining which parent the children have on any given day. The monthly calendar may include provisions for extended weekends or special occasions. Summer schedules often allow for longer stretches of uninterrupted time with each parent, particularly when vacation travel is involved. School calendars account for breaks, teacher conference days, and other educational events. Religious holiday calendars ensure that children can participate in important family traditions and celebrations with both parents.
The goal of any parenting time arrangement is to serve the best interests of the children while respecting each parent's relationship and involvement. This requires an honest assessment of what has worked historically for the family and thoughtful consideration of what will work best moving forward as circumstances change.
Navigating Holiday Parenting Time
Holidays present unique challenges in custody arrangements because they often carry significant emotional weight and family traditions. How parenting time works during holidays depends entirely on the specific needs and customs of each family.
Consider Thanksgiving as an example. For some families, Thanksgiving is primarily about the Thursday meal itself. These families may find it reasonable to alternate years or split the day, with children spending the morning with one parent and the evening with another. However, other families treat Thanksgiving as an extended holiday weekend. A family with traditions of traveling to Vermont to begin ski season, for instance, may view Thursday through Sunday as an inseparable block of time.
Effective holiday parenting time arrangements require careful examination of several factors. What are the historical traditions each family has maintained? How do travel requirements impact the children? What scheduling approach serves the children's emotional needs and well-being? How can the arrangement protect each parent's ability to create meaningful holiday memories with their children?
Working with a family law attorney who understands these nuances can help you develop holiday schedules that honor what matters most to your family while remaining practical and enforceable.
Your Rights and Obligations as a Parent
Understanding your parental rights and obligations is essential whether you are preparing for divorce, currently going through proceedings, or adjusting to post-divorce co-parenting. As a parent, you possess fundamental rights that the law recognizes and protects.
You have the right to maintain a relationship with your child. This right forms the foundation of custody and parenting time arrangements. You have the right to spend time with your child according to the schedule established in your custody agreement or court order. You have the right to remain informed about significant matters affecting your child's welfare, including health, education, and general well-being.
Alongside these rights come important obligations. You are responsible for providing proper care for your child during your parenting time. You must facilitate timely transitions, arriving on time for pick-ups and drop-offs so that schedules run smoothly and your child experiences minimal disruption. You are expected to keep the other parent reasonably informed about matters affecting your child.
It is equally important to understand the boundaries of these rights. While you have the right to know about significant developments in your child's life, this does not extend to micromanaging every moment when they are in the other parent's care. You will not necessarily know every playdate, every meal, or every activity that occurs under the other parent's supervision. This is because both parents are held responsible for their child's care and well-being during their respective parenting time, and each deserves the autonomy to parent without constant oversight.
During divorce proceedings, temporary custody arrangements and parenting schedules may need to be established so that both parents have clarity about their rights and responsibilities while the case moves forward. These temporary orders help prevent confusion and conflict during what can be an uncertain time.
Strategies for Strengthening Your Custody Position
Whether you are contemplating divorce, preparing for potential custody disputes, or already engaged in proceedings, there are concrete steps you can take to improve your position and protect your relationship with your children.
Documentation is critical. Courts will examine what you have done historically when making custody determinations. If you anticipate that custody may become contested, begin keeping detailed records of your involvement in your children's lives. Maintain a calendar that tracks when you spend time with your children, what activities you engage in together, and how you participate in their daily routines.
Active involvement matters tremendously. Know the names of your children's teachers and have relationships with them. Know their doctors and be present at medical appointments. Understand who their friends are and what activities they enjoy. Attend parent-teacher conferences, school events, and extracurricular activities. The more genuinely engaged you are in your child's life, the more likely a court will want to preserve that level of involvement following the divorce.
If your goal is to maintain or increase your parenting time following divorce, your current level of involvement establishes the baseline. A parent who has historically been less present but hopes to become more involved after divorce faces an uphill challenge. Courts generally look to preserve continuity for children. If you want more time with your children post-divorce, you need to demonstrate that increased involvement now, before and during the proceedings.
When litigation becomes necessary, the evidence you have gathered becomes invaluable. Your attorney will be able to call teachers as witnesses who can testify that they know you and have worked with you. Medical professionals can confirm your presence and engagement. This kind of third-party verification can make the difference in contested custody matters.
The Value of Working with Experienced Family Law Professionals
Custody matters involve not only legal complexity but also deeply personal emotions and long-term consequences for your entire family. Working with a family law firm that combines legal knowledge with a genuine understanding of what families experience during divorce can make a profound difference in both the process and the outcome.
At Joseph Law Group, P.C., we bring over 100 years of combined experience to families throughout the area. Our approach is client-centered, meaning we take the time to understand your unique situation, your goals, and your concerns. We provide honest guidance even when the truth is difficult, because we believe informed clients make better decisions for themselves and their children.
We offer flexible and tailored solutions because we understand that every family is different. Whether your case requires negotiation, mediation, or robust litigation, we have the experience and resources to advocate effectively on your behalf. For high-net-worth families with complex assets and custody considerations, we provide the sophisticated representation these cases demand.
Take the Next Step Toward Protecting Your Family
If you are facing custody concerns in your divorce or family law matter, do not navigate this challenging time alone. The decisions made during custody proceedings will shape your relationship with your children for years to come. You deserve a legal team that will fight for your rights while always keeping your children's best interests at the forefront. Contact us today for a consultation.
