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Parenting Issues You May Want to Consider

The following is a list of some of the parenting issues that should be discussed during the divorce mediation process.

Residency of the Children and Legal Custody

Legal custody refers to decision making for your children. Most parents in mediation choose to have joint legal custody, whereby both parents make critical decisions, together, for their children. Such decisions may include non-emergency medical care, school issues, and all other decisions affecting the children's health, education, welfare, growth and development.

Residential custody refers to which parent the children live with for more than fifty per cent of the time. In most situations, one parent is designated as the residential custodial parent, and the other parent is the non-residential custodial parent. Child support is paid to the custodial parent. In some instances, residential custody of the children is shared, and the children reside for equal amounts of time with each parent.

Access schedule for the Non-residential, Custodial Parent

A parenting schedule will be developed during mediation, which ensures the non-residential parent continued access to the children. Access periods during the week and weekends is discussed, as well as periods during school recess and vacations, holiday times, birthdays of the children and both parents, Mother's Day and Father's Day, and any other times important to you and the family.

Other issues discussed are telephone and email access to the children, transportation between households, travel away from home with the children, and prior notification of any changes to the documented access plan.

Parents are encouraged to build in annual reviews to the parenting plan, to accommodate the growing children's needs.

Access to Records

During the mediation process the non-residential parent's continued access to medical and school records, the children's teachers and health care practitioners, and attendance at the children's school and extra-curricular activities are discussed and resolved.

Geographic Restrictions

Travel with the children, both in and outside of the continental United States is discussed, as well as the potential for the relocation of the custodial parent with the children out of the children's current school district.

Significant Others

Continued relationships with grandparents and other family members are encouraged and built into the agreement. Parents often want to discuss when and how to introduce the children to "significant others" in their lives at some future date.


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In order to file for divorce in New York, on spouse must be a resident for one (1) year. However, if the spouses were married outside the state, both parties must live in the state for two (2) years before filing for divorce. These New York residency requirements must be met in order for the court to have jurisdiction over the case.
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"A Plain English Guide to Protecting Your Children"

Author: Mary L. Boland, Attorney at Law