Child Custody

Snow Day Custody Clauses in Upstate NY: How Saratoga Judges Expect You to Handle School Closures

Posted on by Jean Mahserjian
Snow days are often a source of stress for parents, especially those who share custody of their children. In Saratoga, NY, as in many parts of Upstate New York, school closures due to winter weather present unique challenges for divorced or separated parents. The courts here expect parents to be proactive about how snow days affect their custody arrangements. Failing to plan ahead can result in conflicts and unnecessary legal disputes.

This blog will explore how Saratoga judges handle snow day custody arrangements, what you can expect if you have joint custody or visitation, and how to draft a solid custody clause that addresses snow days. We will also provide practical advice for parents navigating the winter months with children, so you can reduce conflict and protect your child’s well-being.

How Saratoga County Handles Snow Day Custody Disputes Snow Day Custody Clauses in Upstate NY: How Saratoga Judges Expect You to Handle School Closures

Saratoga County family courts, much like the rest of New York State, take a pragmatic approach when it comes to snow day custody clauses. The main priority is always the best interest of the child, and that often means having clear expectations for both parents regarding school closures. The county expects parents to maintain a cooperative attitude, especially when snow days can lead to unpredictable shifts in visitation schedules. For many parents in Saratoga, weather-related school closures can throw a wrench into their carefully planned custody arrangements. This can be particularly challenging when parents live far apart or one parent has a demanding work schedule. Saratoga judges typically prefer that parents have a written agreement in place to handle these situations. Without such an agreement, the court may be forced to intervene, often taking into account both parents’ willingness to cooperate and the child’s needs.

Why Written Custody Agreements Matter

If you’re a parent in Saratoga County who shares joint custody or has a set visitation arrangement, it is critical that your custody agreement explicitly addresses snow days. Here’s why:
  1. Clear Expectations for Both Parents: A written clause ensures that both parents understand their roles and responsibilities when snow days arise. Verbal agreements may work initially, but they often lead to misunderstandings and conflict. 
  2. Preventing Court Intervention: Without a clear agreement, disagreements over school closures could lead to unnecessary legal battles. A well-crafted custody clause reduces the likelihood of this by providing a clear course of action in the event of a snow day. 
  3. Protecting the Child’s Stability: Children thrive in stable environments, and changes to visitation schedules can be unsettling. By planning ahead, parents can ensure that their child’s routine is disrupted as little as possible, even on snow days. 

Saratoga Judges’ Key Expectations for Snow Day Custody Arrangements

Saratoga judges are practical when it comes to custody arrangements during snow days. Their main concern is always the best interest of the child. If you’re drafting a custody agreement or modifying an existing one, here are some important expectations that Saratoga judges may have:
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1. Flexibility with Visitation Schedules

While judges want parents to be proactive and plan ahead, they also understand that flexibility is important. Snow days, after all, are unpredictable. A judge will likely expect both parents to be adaptable, especially when weather conditions make it difficult to travel. In some cases, a judge may even favor the parent who steps in to accommodate changes, such as adjusting the time of custody exchanges or offering additional time with the child during extended closures. For example, if one parent cannot make it to school pickup due to dangerous road conditions, the other parent should be willing to step in without causing friction. However, the key is to work together without making demands that are unreasonable or one-sided.

2. Equal Responsibility for Managing Snow Day Care

Saratoga judges generally expect that both parents will share equal responsibility for snow day care. This could involve splitting the day into two or taking turns based on work schedules and proximity to the child’s school. In shared custody arrangements, the court may even expect parents to alternate snow days each year. One of the most common areas of conflict involves who will handle the child when school is closed early or if there is a snow delay. It’s important to include language in your custody agreement that clearly spells out how these situations will be handled, with equal responsibility between both parents. This is particularly important in areas like Saratoga, where road conditions can change rapidly and transportation may be difficult.

3. Consideration for Distance and Road Safety

In rural areas such as Saratoga County, travel during the winter months can become hazardous. If one parent lives far away from the school, the judge will take into account the safety of the child during exchange times. They will likely want to see that both parents have considered road safety and weather conditions when agreeing on a plan. This is especially relevant when severe winter storms cause widespread travel disruptions.

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 For example, if the parent who has to travel longer distances cannot safely reach the child’s school, the agreement should specify how the exchange will take place, or whether one parent will retain custody until the roads are safe. Saratoga judges will expect parents to communicate promptly and cooperate in a way that ensures their child’s safety during winter conditions.

How to Write a Snow Day Custody Clause

Including a snow day custody clause in your agreement is essential to avoid future conflicts. If you’re unsure of how to go about drafting one, consider these tips:

1. Clearly Define Snow Days in the Agreement

Your custody agreement should define what qualifies as a snow day. Does it include all weather-related closures, or just those that last the entire day? Some parents may also want to address situations where school is delayed or dismissed early, as these situations can also impact custody arrangements.

2. Establish a Notification System

In the event of a school closure or delay, prompt communication is critical. Your custody agreement should specify how each parent will notify the other about changes. For example, parents may agree to communicate by text message or phone call by a certain time if a snow day is expected.

3. Consider Work Schedules and Other Responsibilities

When drafting a snow day custody clause, be sure to take into account each parent’s work schedule and other responsibilities. For example, if one parent works from home, they may be more equipped to handle child care during a snow day than the other parent who works outside the home. Establish a fair and workable plan for how each parent will contribute to care during snow days.

4. Make Provisions for Severe Weather

Include a plan for extreme weather, such as blizzards or ice storms, where the roads may be unsafe for both parents. You might want to specify how custody exchanges will be managed if travel is dangerous, or whether one parent will have sole custody for an extended period of time.

What Happens If You Don’t Have a Snow Day Custody Clause?

If your current custody arrangement doesn’t address snow days, it can create confusion and conflict when school closures happen. In the absence of an agreement, Saratoga County judges will likely intervene to determine the child’s best interests. The court will look at factors such as: If you cannot come to an agreement on your own, the court may issue a temporary order, which could lead to further complications if either parent is unhappy with the decision.

How Mahserjian & Mahserjian-Ortiz, PLLC Can Assist You

If you’re struggling to draft a custody agreement that addresses snow days or need help modifying your existing agreement, Mahserjian & Mahserjian-Ortiz, PLLC can provide expert guidance. Our attorneys are familiar with Saratoga County’s family law and can assist you in drafting a fair and practical custody plan that works for everyone, including your children. Don’t wait until a snowstorm causes a custody dispute. Contact our team today to schedule a consultation and ensure that your custody agreement includes clear and practical provisions for handling snow days.

To learn more about this subject click here: Understanding the Pros and Cons of Co-Parenting

Jean Mahserjian