How Parenting Time is Awarded in a New York Divorce

When a divorce involves children, one of the most important considerations is parenting time, formerly known as visitation. “The term “parenting time” emphasizes the ongoing and significant role both parents play in a child’s life despite living in separate households.

There are two main types of post-divorce parenting arrangements: sole custody and joint custody. In sole custody, the child lives with one parent most of the time. The other parent receives scheduled parenting time, often on weekends or holidays.

New York courts prioritize the best interests of the child when awarding parenting time. This standard takes several factors into account. First and foremost, the court will examine the child’s age and developmental needs. Younger children often require more frequent and shorter periods with each parent, while older children may benefit from longer, less frequent visits.

The court will also evaluate the existing relationship between each parent and the child. A strong pre-divorce bond between a parent and child will likely influence the parenting time arrangement. Additionally, the court considers the stability of each parent’s living situation as well as proximity to schools and extracurricular activities.

A parent’s willingness and ability to cooperate with the other parent is also instrumental. The court looks for parents who can communicate effectively and prioritize the child’s well-being, even amid personal conflict. A parent’s work schedule is another factor. Ideally, the parenting time plan should allow for consistency and minimize disruptions to the child’s routine.

In cases where parenting time is contested, the court may appoint a guardian ad litem, an attorney who represents the child’s best interests. The guardian ad litem gathers information about the child’s needs and preferences, which can be presented to the court. If the child is old enough to express their wishes, the court will consider them as well.

Joint custody arrangements after divorce are becoming increasingly common. In these arrangements, the child spends significant time with both parents. There are various schedules, such as alternating weeks, or a 2-2-5 arrangement where the child spends two days with one parent, two days with the other, and then five days with the first parent, followed by another five with the second.

Ultimately, the goal is to create a parenting time plan that fosters a healthy relationship between the child and both parents. If you are facing a divorce in New York and have questions about parenting time, an experienced family law attorney can provide valuable guidance.

The Law Offices of Randy S. Margulis in Williamsville and downtown Buffalo represents clients throughout Western New York today in all aspects of child custody and visitation. Call us at 716-886-9600 or contact us online to schedule an initial consultation.