Custody modifications give some New York parents the summertime blues

Divorced New York parents may need to temporarily modify custody and visitation arrangements for summer vacations.

2013-05-21

May 21, 2013 (Press-News.org) Custody modifications give some New York parents the summertime blues

Summer break for children means soaking up the rays, getting a break from the rigors of school and having lots of fun. For countless families around the country, it also means taking a vacation to spend quality time together and make memories that will last a lifetime. Such vacations become more complicated when parents are divorced.

Breaking down the issues involved

When one parent, regardless of whether he or she has sole physical custody, joint physical custody or only visitation rights, wants to take the children on a summer trip across the state or across the country, the other parent's access to the child must be considered. If the parties are cordial and enjoy an amicable relationship, holidays and vacations won't likely be a problem. They can probably be resolved with a simple conversation and some flexibility in the preexisting custody and visitation schedule.

If the relationship between the parents is already strained, planning a trip can be tedious and stressful. When there is animosity between the parties, the willingness to compromise might be lost, and it can be impossible to come to a workable solution. In those cases, it might be necessary for the court to get involved to see if a temporary modification is in order.

The basics of custody modifications

New York family court judges will not rule on modification requests unless they are necessary due to a change in circumstances. The change must be a material change, and not be a whim, but the court does have a responsibility to foster a relationship between the child and both parents whenever possible, which is why temporary modifications are sometimes in order.

Once a New York family court judge has declared that a modification is necessary, the request will be decided in the same manner as initial custody determinations are. The law grants them wide discretion to make decisions on contested custody and parenting time cases in a manner that protects the child's best interests.

Judges to this by looking at a number of different factors, including:
-Age and health of both parents and the child
-Living situation of both parents
-Economic stability
-Special health or educational needs of the child
-Child's preference (if child is old enough to reliably express a preference)
-Each parent's relationship with the child
-Any history of emotional, physical or sexual abuse or neglect that could have an impact on the child
-Substance abuse issues
-Other factors the court deems relevant to the determination

If you anticipate that a custody or parenting time modification will be necessary this summer - or if you need assistance with another family-related legal matter, seek the advice of an experienced family law attorney in your area to learn more.

Article provided by O'Brien & Associates
Visit us at www.obrienassociateslaw.com

ELSE PRESS RELEASES FROM THIS DATE:

Gun possession debates and possible changes coming for Illinois

2013-05-21

Gun possession debates and possible changes coming for Illinois As a community in Connecticut debates what to do with the Sandy Hook elementary school, the national debate in Washington D.C. over reforming gun laws has stalled. Discussion had focused on broader background checks and some limits on what gun owners may possess. The new discussions underscore the serious nature of a gun charge for illegal possession. In Illinois, the debate had raged around conceal and carry and what requirements must be in place before an individual may obtain a permit. Late last year, ...

Will the U.S. lower permitted blood alcohol content levels for drivers?

2013-05-21

Will the U.S. lower permitted blood alcohol content levels for drivers? The National Transportation Safety Board (NTSB) is recommending that Maryland -- and all other states in the nation -- lower its legal blood alcohol content (BAC) limit from .08 to .05 in an effort to reduce drunk driving accidents. This proposal would bring a drastic change for many drivers. While every person reacts differently to alcohol, if you weigh 140 pounds, two drinks can put you over the recommended limit. For those who weigh less, a.05 BAC can equate to the consumption of just one alcoholic ...

Missouri child relocation laws: You can't just pick up and move

2013-05-21

Missouri child relocation laws: You can't just pick up and move The economic downturn of recent years has led to thousands of layoffs, resulting in countless moves by those unfortunate Missouri workers desperately searching for employment. And, while these types of relocations are often tricky enough, they can become a whole lot more complicated if the person moving is also attempting to relocate with his or her child - in particular, when this parent shares custody or visitation with the child's other parent. In circumstances such as these, Missouri parents need to ...

Federal laws ensure workers are paid for every last minute of overtime

2013-05-21

Federal laws ensure workers are paid for every last minute of overtime Most New York workers are generally familiar with the federal overtime law that expressly dictates that hourly employees must be paid at least one and one-half times their regular hourly rate for all time worked beyond 40 hours in any given workweek. However, while the rule may appear simple enough on the surface, it can often be difficult to enforce in a daily work environment - for instance, if an employer regularly cuts his employees' lunch breaks a mere few minutes every day. Sadly, in circumstances ...

The means test in a Chapter 7 bankruptcy

2013-05-21

The means test in a Chapter 7 bankruptcy Contrary to what some might think, everyone is not entitled to file for bankruptcy protection. There are a number of factors that have to be considered before such a determination can be made. The means test is often used to help individuals figure out their bankruptcy eligibility, and it can also be used to help that person determine whether a Chapter 7 or Chapter 13 should be filed. Eligibility for Chapter 7 protection Under the U.S. Bankruptcy Code, in order for a person to be eligible for Chapter 7 bankruptcy protection, ...

DUI case brings increased attention to police procedures

2013-05-21

DUI case brings increased attention to police procedures The United States Supreme Court routinely hears cases that concern the power that police have when they are investigating crimes. In many of these matters, an individual will contend that the police have violated his or her constitutional rights. It is up to the court to decide whether or not the behavior of the officer was permissible. The Court recently announced a decision concerning a DUI stop in Missouri. The ruling is expected to lead to major changes for police departments across the country concerning ...

Robot enthusiasm questioned amid rise in robotic surgery malfunctions

2013-05-21

Robot enthusiasm questioned amid rise in robotic surgery malfunctions Technological advances and 21-century digital devices have done wonders for society. However, their utilization often turns out to be a double-edge sword. They are seen as lifesaving products yet they are deadly when they malfunction. For cellphones that malfunction, users may simply just face the small and short inconvenience of being out of touch with family and friends. However, for products that are used in life or death situations, a malfunction is much more than a small inconvenience. One ...

Texas dog bite fatality rate the highest in the nation

2013-05-21

Texas dog bite fatality rate the highest in the nation A shocking dog bite case recently made national news and has reignited public debate about the subject of animal attacks. The frightening attack took place in Grimes, Iowa, and resulted in a woman having her nose bitten off by an out-of-control dog. The incident only ended after Caren Henry's husband, Laine, began fighting the dog, actually biting it on the nose in order to get it to let go of his wife. The victim faces a myriad of painful cosmetic surgery that will harvest cartilage from other parts of her body ...

Mental health aid proposed for Sandy Hook workers

2013-05-21

Mental health aid proposed for Sandy Hook workers The shootings at Sandy Hook Elementary School have sparked debate in the Connecticut legislature over a bill to provide workers' compensation benefits to workers who suffer from mental illness due to workplace trauma. The proposed legislation would amend the state's workers' compensation laws to create a fund for workers exposed to the death or maiming of another person in the workplace. The legislative measure focuses on the shootings in Newtown, Connecticut, and would compensate police, firefighters, teachers and other ...

Workers' compensation, SSD may be an option for chronic pain sufferers

2013-05-21

Workers' compensation, SSD may be an option for chronic pain sufferers Reflex Sympathetic Dystrophy Syndrome (RSDS), Complex Regional Pain Syndrome (CRPS), shoulder-hand syndrome, causalgia and Sudeck's atrophy, are all terms used to describe the same painful and debilitating illness known as chronic pain syndrome. Because of the severity of pain and disability associated with chronic pain syndrome, workers' compensation benefits, Social Security disability benefits or both, may be available to provide financial support to individuals who are unable to work because of ...

Custody modifications give some New York parents the summertime blues

ELSE PRESS RELEASES FROM THIS DATE:

LAST 30 PRESS RELEASES: