Is there a set parenting time schedule based on the child’s age and length of travel?

Question:

Are there any precedents of hours or overnights a parent can have with a child depending on their age, and does the amount of traveling time needed for visitation play a factor at all in the court’s decision on awarding parenting time?

Answer:

First, let me preface my answer by stating that I am not licensed to practice law in the state of New York. The information in the article is general in nature. You should contact an attorney in your jurisdiction immediately to discuss your options.

There are no set parenting time guidelines. As you can imagine, there are as many parenting time situations as there are colors in the rainbow. Each family’s situation is different and needs to be addressed individually. Most courts make custody decisions based on what is in the best interests of the child.

The best way to address your needs would be to try to negotiate a new agreement with your wife. Frequently, when travel is involved, parents can agree to equally split the travel. You should express your desire to spend more time with your daughter, and have some parenting time schedules in mind to present to her. If you and your wife can come to an agreement it is likely the judge will enter an order with those terms.

If your wife will not agree to give you more time, you can petition the court for a change in your parenting time schedule. Since your divorce is still pending, you will want to make your discontent with the current schedule known so that your parenting time can be addressed again before a final order is entered.

You should contact an attorney who is licensed in New York to further discuss the specifics of your situation.

Jill A. Duffy is an Associate Attorney in the Troy, Mich., office of Cordell & Cordell. She is licensed to practice in the state of Michigan. Ms. Duffy received her BA in Psychology and Spanish and graduated Magna Cum Laude from Oakland University. She received her Juris Doctor from Michigan State University College of Law and graduated Magna Cum Laude. 

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