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Posts tagged "child custody"

Fathers often lose child custody battles

The dissolution of a marriage in New York is a painful ordeal for two spouses, but it can become especially complicated when they have children and both parents desire full custody of the children. Unfortunately, fathers typically lose their child custody battles. This is true even when the fathers have virtually spotless records.

Child custody decisions can be complicated

From trying to figure out who will keep the family home to who will have to pay spousal support, or if anyone will need to at all, divorce can be a stressful and complicated process in New York. However, a major source of acrimony during a marital split-up has to do with child custody. Two important considerations when determining who will have custody of the child is the type of arrangement that will be used and who will decide on it.

Divorcing New York parent? Consider shared child custody

For parents in New York considering a divorce, often one of their top concerns is how their children will be affected. The issue of child custody plays a large part in many divorce proceedings, with both parents concerned not only for the well-being of the child but also for their own rights with regards to their children. Though, historically, mothers generally receive primary custody by default, the case for equal or near-equal parenting time is a good one.

Differences in parental rights for unmarried parents in New York

For many divorcing New York couples, child custody is their number one legal concern. Child custody and visitation rights may get even more complicated and difficult, however, for unmarried parents. And while many studies have attempted to demonstrate the benefits of parenting time and parental involvement from both the mother and the father, it's sadly often the father who suffers a lack of parental legal rights.

Legal options when parent abducts child, violates child custody

Even after the divorce has been finalized, an individual's emotions may, at times, overwhelm his or her otherwise sound reason and judgment -- especially when it comes to the children. One parent may ignore a court-ordered child custody agreement and simply take the kids and run away. For New York custodial parents facing such a horrific event, there are legal options available to get their kids back when a child custody dispute has gone awry.

A parent's checklist for paying child support

Financially providing for children is one of the legal responsibilities of all parents in New York. Child support payments help keep children fed, healthy and clothed. When parents fail to make their child support payments, this can have devastating effects on their families, as well as serious consequences for the parents themselves.

A brief summary of the child custody law in New York

When it comes to family law, matters are generally under a state's jurisdiction. This includes child custody laws in New York. New York complies with the Uniform Child Custody Jurisdiction and Enforcement Act -- this fosters legal cooperation in regards to custody cases that cover multiple states -- and also allows joint custody and visitation rights to grandparents.

The "best interests" of children in child custody cases

In a divorce, parents may sometimes resolve the issue of who will get custody outside of the courtroom through negotiations and agreement. At other times, a New York family court judge makes the child custody decision. Either way, the main focus in every custody case is a solution that will be in the child's "best interests," which is a significant and meaningful phrase.

Changing jobs and child support modifications

When non-custodial parents change jobs, the amount of child support they are responsible for does not change automatically to reflect their new salary. However, parents in this situation are able to petition the court to modify the child support order once they have transitioned to their new job. When New York parents find themselves in this particular situation, they typically choose to consult an experienced divorce attorney to assist them with the process of obtaining child support modifications.

The basics of child support

When parents of children either separate or divorce, or only one of the parents of an unmarried couple has custody, a New York family court may decide to order the non-custodial parent to pay child support. The non-custodial parent is considered the parent with whom the child does not live the majority of the time. Also, but less frequently, if neither parent is granted custody, the family court may instead order child support to be paid by both parents to a third party who has been granted custody to take care of the child.

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