Ending a marriage is usually an emotionally charged time for everyone involved. When minor children are involved, both the emotional and legal aspect of a divorce can be even more challenging. If you are planning to get a divorce in New York and you have minor children of the marriage you likely have a number of questions and concerns about how custody and visitation issues are handled in the divorce. Just as no two marriages are exactly alike, no two divorces are exactly alike. Therefore, the only way to obtain concrete answers to specific questions is to consult with an experienced New York family law attorney. There are, however, some common guidelines to common issues in a divorce involving minor children. Take the question " How Does a Judge Generally Decide Division of Holidays in a Divorce? " for example. Because this issue is found in almost every divorce involving minor children, there are some common guidelines for how the issue is handled.
One of the practical consequences of a divorce is that it will be impossible for the minor children to spend holidays with both parents going forward. Not surprisingly though, both parents usually want the children are all important holidays. The courts, therefore, have had to devise a framework over the years for handling this issue. If the parties are able to reach their own agreement, and the court finds the agreement to be fair and reasonable, the court will not have to interfere; however, when the court is forced to implement a holiday schedule it does so with the goal of providing access to both parents. Often, a mediator is used by the court when making holiday visitation decisions.
One common way to handle holiday visitation is to divide the holidays and alternate on a yearly basis. For example, you might get the children during the Thanksgiving holiday this year and your spouse would get them for Thanksgiving the following year. Christmas vacation is frequently divided into the week prior to Christmas, including Christmas Eve, and the week following Christmas, including Christmas day. Mother's Day and the mother's birthday is often permanently awarded to the mother just as Father's Day and the father's birthday to the father. Because the court's job is to make decisions based on the best interest of the children, all decisions relating to holiday visitation will be made with their best interests in mind.
If you are facing a divorce and have questions or concerns about custody or visitation of minor children, consult the experienced attorneys at Simon & Gilman, LLP as soon as possible.