Legal Question in Family Law in New York
Custody at holidays
Should mother's day be split with a step parent?
Also if it is your day with custody should you have to share if your ex is not working?
2 Answers from Attorneys
Re: Custody at holidays
Usually, though there is no law as to this, the birth mother gets the kids on Mother's day and the birth Father gets them on Father's day. The parties if they are acting like adults will work this out. Use an arbitrator if the issue can't be resolved or you can haul each other back in front of the court but that really works against the parties in the long run.
Good Luck.
Re: Custody at holidays
Is there an Order from Family Court? Typically, Mother's Day is spent with the mother and Father's DAy the father. If there is no Order from the Court then there is no set rule as to how the days should be split. However, the courts suggest and encourage liberal visits with the noncustodial parent.