Co-parenting after a separation or divorce can be challenging, especially when parents disagree about how much time a child should spend with each parent. While many families are able to reach agreements outside of court, disagreements over parenting time are common and can quickly become emotionally charged.
If you and the other parent cannot agree on a schedule, it is important to understand your rights and how New York courts resolve these disputes. At Osborn Reed & Burke, LLP, we help parents throughout Monroe County and the Greater Rochester area navigate parenting time disputes while keeping their children's best interests at the forefront.
What Is Parenting Time?
Parenting time, sometimes referred to as visitation, establishes when each parent will spend time with their child. Depending on the circumstances, parenting time schedules may include:
- Weekday and weekend schedules.
- Holiday and vacation arrangements.
- Summer break schedules.
- Transportation and exchange logistics.
- Communication between parents and children.
Every family is different, and there is no one-size-fits-all solution.
What Happens When Parents Cannot Reach an Agreement?
When parents are unable to agree on parenting time, either parent may ask the court to intervene. The court will review the circumstances and determine a schedule that serves the child's best interests.
In making its decision, the court may consider factors such as:
- The child's age and developmental needs.
- Each parent's ability to provide a stable home environment.
- The child's relationship with each parent.
- Each parent's work schedule and availability.
- The distance between the parents' homes.
- The willingness of each parent to encourage a healthy relationship with the other parent.
- Any history of domestic violence, abuse, or substance abuse.
The court's primary concern is not what is most convenient for the parents, but what arrangement best supports the child's well-being.
Mediation May Help Resolve Disputes
Before a judge decides the matter, parents may have the opportunity to participate in mediation. Mediation allows parents to work with a neutral third party to develop a parenting plan that meets their family's needs.
Mediation can offer several benefits, including:
- Reducing conflict.
- Saving time and money.
- Providing more flexibility than a court-imposed schedule.
- Encouraging cooperation between parents.
However, mediation may not be appropriate in every situation, particularly when there are concerns involving abuse or safety.
Violating a Parenting Time Order Can Have Consequences
Once a parenting time order is in place, both parents are expected to follow it. Repeatedly denying parenting time or failing to comply with the order can result in legal consequences, including enforcement actions or modifications to custody arrangements.
If the current schedule no longer works because circumstances have changed, it is generally better to seek a formal modification rather than taking matters into your own hands.
Why Legal Guidance Matters
Parenting time disputes often involve complex emotions and difficult decisions. An experienced family law attorney can help protect your parental rights, advocate for your child's best interests, and work toward a solution that provides stability for your family.
Contact Osborn Reed & Burke, LLP
If you and the other parent are unable to agree on parenting time, you do not have to navigate the process alone. The attorneys at Osborn Reed & Burke, LLP represent parents throughout Monroe County and the Greater Rochester area in custody and parenting time matters.
Contact Osborn Reed & Burke, LLP today to schedule a confidential consultation and learn how we can help you pursue a parenting plan that supports your child's best interests and protects your relationship with them.