Child Custody and Visitation Attorney in New York, New York

What should be included in a visitation agreement?

More In This Category

View Transcript

so I like to call visitation parenting

time first of all I think it’s really

important that people don’t look at it

as their visit with their child that

they look at it as their parenting time

with their child and that goes for

whichever spouse is or whichever parent

is going to be having parenting time and

whichever spouse is or parent is the

custodial parent but every parenting

schedule should include clud what we

call a regular access schedule so what’s

going to happen on a routine basis in

terms of weekends and during the week

and then what’s going to happen during

the week and on the weekends in terms of

communication with the child so if

you’re not seeing the child are you

going to have FaceTime with the child

are you going to have telephone calls

with the child what is going to be your

ability to actually communicate with

your child and to be able to even see

your child or say good night to your

child during the week and then of course

there are the other pieces of this which

are the holidays and vacation schedules

and summer schedule and all of those

need to be important need to be in a

custody agreement so we make sure that

for each parent it it isn’t a cookie

cutter custody agreement you need to

know what holidays are important to your

client what vacations are important to

your client so sometimes for example a

parent says every Thanksgiving we used

to go to my parents and so I’d like to

have the child every Thanksgiving well

maybe that’s possible but maybe it isn’t

because now you may have to actually

alternate Thanksgiving and so maybe you

have a Thanksgiving the weekend before

or the weekend after or maybe you are

the Friday of Thanksgiving in alternate

years and somebody else has the Thursday

and the other alternate years you want

to decide what to do about Christmas

break or Hanukkah or any of the

religious holidays all of that should be

in with pickups and drop off times and

where that pickup and drop off time is

actually going to occur and exactly what

time it’s going to occur also I find it

so helpful actually if the parents are

communicating using one of those apps so

for example many of my clients

communicate using our family wizard now

why is that great first of all it helps

you change the schedule there’s app

there’s a part of the app that you can

change the schedule if you need to and

the other parent degrees it also

actually shows when a parent is sending

the message and when a parent is opening

up the message message and communication

is half the battle in all of this and so

it’s really important in your parenting

custody agreement to have the mechanism

for which you’re going to be able to

communicate with the other parent so I

usually include an app and we include

What’s called the Bill of Rights all the

things that you want to do to protect

your child from being actually part of

the disputes that you and or the other

parent may have together making sure to

keep your child first and foremost and

so we include usually the Bill of Rights

in our custody agreements and that’s a

very common thing to include and then we

also make sure that we include the

mechanism as I said for pickup and drop

off where it’s going to occur and what

time it’s going to occur and also

whether there’s going to be what’s

called a right of first refusal so if

you as a parent can’t be with a child

for example overnight you’re traveling

out of town for business or for pleasure

well do you give the other parent the

opportunity to be with the child that’s

something else and then most importantly

there is usually a non-disparagement

clause so that you are not disparaging

the other parent whether it be to the

child to the child’s providers all of

those types of things and then a

consultation process so how is it that

you and the other parent are going to

actually consult about major issues and

this goes to whether or not you’re still

going to have final decision- making or

you’re going to have sole legal custody

usually it’s still best to include the

other parent in making the decision and

so what process are you going to use are

you going to email the other parent

ideas about how a major decision should

be made and then is there going to be a

set amount of time for the other parent

to respond with their View and then

there’s there going to be another amount

of time a set amount of time whereby a

decision is made and how is that

actually then implemented so those are

all the kinds of things that should be

in a custody agreement

Contact Lisa Zeiderman

(212) 769-3500

See All This Lawyer's Videos

Visit Lawyer's Website

New York, NY family law attorney Lisa Zeiderman talks about what should be included in a visitation agreement. The speaker emphasizes the importance of referring to visitation as “parenting time” to foster a positive mindset regarding time spent with children. This terminology applies to both parents, regardless of custodial status. Each parenting schedule should include a regular access schedule outlining routine visitation on weekends and weekdays, as well as provisions for communication with the child during times when they are not physically present.

Parents should establish how they will maintain communication with their children, whether through FaceTime, phone calls, or other means, ensuring they can say goodnight or connect in meaningful ways. Additionally, important elements of a custody agreement should encompass holiday and vacation schedules, including summer arrangements. It is crucial that the agreement is tailored to the specific needs of each parent, taking into account significant holidays and traditions that may have been observed together before separation.

For instance, if a parent wishes to spend every Thanksgiving with the child, alternative arrangements may need to be discussed, such as alternating years or modifying the schedule to allow for time with extended family. All custody agreements should detail pickup and drop-off times, including their locations, to prevent misunderstandings.

The speaker recommends using communication apps, such as Our Family Wizard, to facilitate scheduling changes and track communication between parents. Such tools help ensure that both parents are informed and accountable for their interactions, making communication smoother and more effective.

Moreover, the custody agreement should include a “Bill of Rights” for the child, which outlines the importance of keeping the child free from parental disputes. Clear mechanisms for pickup and drop-off should be established, including provisions for a right of first refusal, allowing one parent to offer the other the opportunity to care for the child if they are unavailable.

A non-disparagement clause is also essential, prohibiting parents from speaking negatively about each other to the child or in other contexts. Finally, the agreement should detail a consultation process for major decisions, outlining how parents will collaborate on issues such as education and healthcare, including timelines for responses and implementation. These considerations are vital for a comprehensive custody agreement that prioritizes the child’s well-being.

Child Custody and Visitation Attorney in New York, New York

What should be included in a visitation agreement?

Contact Lisa Zeiderman

More Videos From This Lawyer