Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

CHILD CUSTODY & CHILD SUPPORT

Question #54:
I am a seperated dad living in New York and have been seperated for almost 1 year with a legal written seperation aggreement in place since March of 2007. I currently have liberal visitation with joint custody right now for my 2 children of 8 & 6, that has been agreed upon in a written seperation agreement. I have my children every other weekend at this time and see them regularly in the am each day before school. I would like to know being that there mother has residential custody and I have always been the income provider for the family, she now works from a home based business and contributes to no bills whatsoever with her income. Anyway, What are the procedure with regards to kids school breaks and me having to take the children , or split these school breaks with her and If I am also required to take the kids for 2 or more weeks per year for vacation time for her. What are the guidelines pertaining to these issues , if any? I in agreeance with the seperation agreement am paying all the bills in the home including all utilites, mortgage payments, insurance, etc....while she has no financial resposibilties, at all. She lives expense free till kids are of age. As well as paying for a new car and all its expenses. I currently am also giving her maintance monies for 1 year and child support that has been agreed upon. Thank you for taking the time to answer my question.

Answer:


These issues should have been discussed and decided and incorporated into the Separation Agreement.
there are no statutory requirements for visitation and you should try to work out a schedule with your ex
to cover the holidays , vacations and summer and be sure to reduce the understanding to writing. If you cannot reach an agreement, I would be happy to assist you in mediating the terms of the agreement and drafting the necessary provisions.
If you are located in the NYC metro area, please call me at 212-370-1660 to arrange for a meeting.

Leonard M. Weiner, Esq./Divorce Solutions
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