When two people go through a divorce, it impacts the lives of everyone involved. This is especially so when there are children involved. Parents who go through a divorce must consider various factors, most importantly custody and parenting time. When a parenting time agreement is created, it designates the days each parent gets to spend with their child. Many of these agreements specify certain holidays. If your parenting time agreement does not and you want to be with your child for an upcoming holiday, continue reading below and contact a New York family law attorney for help with these matters.
What are Types of Custody Agreements?
There are two types of custody agreements that are typically granted in New York: physical custody and legal custody. When a parent has physical custody, the child spends the majority of their time and lives with them. If a parent has legal custody of their child, they have the right to be involved in making important decisions for the child, such as education, medical case, religion, etc.
When determining a custody arrangement, the court usually wants both parents to be a part of the child’s life. It is because of this that shared custody is often granted. While this is true, all decisions that are made must be in the best interest of the child. To understand what is best for the child, the court will 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?
Parents usually want to spend as much time as possible with their children, especially on holidays. If a parent wants to spend a holiday with their child but it is not in their parenting time agreement, there are steps they can take to change this. To start, it is best to discuss the matter with the other parent out of good faith. See if they would swap parenting time for another date.
If this does not work, the parent can petition the court to receive a post-judgment modification. If granted, this allows changes to be made to the agreement so that a parent can be with their child on the date they are asking for. When petitioning, it is important to know that the parent must prove there is a significant change in circumstances that requires the modification.
Contact our Firm
Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. Our firm understands the impact a divorce can have on your life. If you require strong and dedicated legal representation in Long Island, New York, please do not hesitate to contact Peter V. Mandi & Associates, Inc. today.
