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When determining custody arrangements, separating parents will also have to draft a parenting time schedule. This schedule outlines when each parent will have physical custody or visitation time with the children. A parenting time schedule can be arranged and agreed on by the parents or left to the court to create.
Understandably, each parent usually wants to retain as much parenting time as possible. This can lead to heated debates and disagreements over parenting time schedules. At The Law Office of David W. Teeter, we can help you negotiate a schedule that achieves your goals while reflecting your child’s best interests. Our Long Island parenting time attorneys have the negotiation and litigation skills needed to ensure a positive result at the end of your case.
Contact us online or call (516) 229-2235 to get started on your case with our firm today. We serve clients throughout Nassau County.
Typically, one parent is deemed the “custodial parent,” meaning that the children primarily reside with that parent, while the other parent – known as the “non-custodial” parent – would have visitation or parenting time with the children.
A non-custodial parent might have parenting time:
To modify the visitation schedule, you must file the petition for child custody modification. Both you and the child's other parent will bring the case to a hearing with a judge present. The judge will then make a decision, based on the circumstances, to determine whether or not the modification will suit the child's well-being.
At The Law Office Of David W. Teeter, we have the experience to assist you in seeking a visitation schedule that is appropriate for your particular circumstances. Our Long Island visitation attorneys understand how important this schedule is to you and want to ensure that you retain as much parenting time as possible. We can also assist you with modifications to an existing visitation schedule.
Call our Law Office Today (516) 229-2235 for a FREE Consultation and get your case started.
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Jennifer B,
Garden City, NY
Mr. Teeter has been my attorney for the past 3 years and I could not have managed without him. He fought and ultimately won my child custody case for which I will be forever grateful. Mr. Teeter always responds promptly to all of my questions/requests...no matter how big or small. I was extremely lucky to find wise counsel as well as someone to keep me grounded during some of the hardest times of my life. Thank you so much!
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Shlomi Cohen,
Garden City, NY
I went through a difficult and challenging divorce. David was very helpful from the first meeting and walked me through this stressful time. David managed to settle my case in a way that I never believed would be possible. I share joint custody with my son's mother and I couldn't be happier and more grateful for this result!
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Family Law Blog
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DWT
This is a one of a kind annotated resource of information for lawyers, couples and families as well as anyone looking to see what’s going on in our justice system with Divorce and Family law cases.
Either the husband or the wife can file for divorce. Grounds for divorce are no longer necessary to obtain a divorce in New York. Either party can allege that there has been an irretrievable breakdown in the marriage. A divorce may be filed in New York as long as the parties have been living in New York for at least one year.
An uncontested divorce just means that all of the issues (financial, child custody, child support, division of property) have been decided and all that needs to be done is file the appropriate paperwork to obtain a judgment of divorce. In most cases, before filing the uncontested papers, you should also have a legally binding Stipulation of Settlement drafted and signed.
Child support is generally determined by a formula set forth in the law, called the Child Support Standards Act. The formula requires the non-custodial spouse (the parent who does not have residential custody of the children) to pay a percentage of his/her income (less FICA withholdings) to the custodial spouse. The percentage varies depending on the number of children: one child 17%, two children 25%, three children 29%. If the parties' combined income exceeds a certain threshold, child support may or may not be awarded on the income above the threshold. Also, the parties can voluntarily agree to an amount of child support different from that calculated by the formula.
There is a legally mandated formula for calculating spousal support (alimony). Generally speaking, the formula works such that the greater the difference between the parties’ income, the greater the amount of support that will be mandated. The formula is gender neutral, so if the wife earns more than the husband, she may, in fact, be ordered to pay support to the husband. There are fifteen (15) discretionary factors, however, which allow the judge to deviate, awarding an amount different than the formula would otherwise require.
New York is an “equitable distribution” state, meaning the judge has the discretion to divide the parties’ property fairly, not necessarily equally. Most marital property, however, is divided equally in most situations. The main exceptions are separate property that was either owned prior to the marriage or inherited during the marriage, and small businesses, whether started before or during the marriage.
You are entitled to a fair (not necessarily equal) division of the marital property; reasonable time with the children, whether as the custodial parent or non-custodial parent; child support for the custodial parent; and spousal maintenance for the lower earning spouse. The most important point, however, is that there is more than one way to decide a case, so having the right representation is crucial.
A prenuptial agreement can cover more or less ground, depending on your needs. The simplest prenuptial agreement just addresses one issue, such as keeping a premarital business separate in the event of a divorce. But the prenuptial can cover how the bills will get paid, whether or not separate accounts will be kept, or what to do if the parties purchase real estate or make investments.
Child support can be enforced several different ways. The payor's salary can be garnished to pay support as well as accumulated arrears (back-due support). A court can enter a money judgment which can be enforced against a bank account or other assets in the payor's name. A court can suspend the payor's driver's license or other professional license or certification. Finally, under certain circumstances, a court can find the payor in contempt and sentence the payor to jail unless he pays a certain amount by a set date.
David W. Teeter is a sought after New York Family Law and Divorce attorney with over 20 years of experience helping New Yorkers resolve their marital differences, gain custody of their kids and move on with their life.
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