One of the most common issues that need to be addressed in a divorce is the matter of child custody and support. While a divorce can be emotionally distressing for the couple, the court expects them to come together and discuss a resolution that would be in the child’s best interests. New York law operates on the presumption that parents can agree on joint custody, meaning both parents would be jointly responsible for taking care of their child or children. If this is not possible, the family court itself will decide which parent to give custody to and which kind.
Custody in New York is split into two kinds. Physical custody, on one hand, refers to the responsibility of deciding where the child lives. Legal custody, on the other hand, refers to the responsibility of making important decisions regarding the child’s well-being and care. The type of custody is further divided into whether the parents share the ability to decide on these matters or if one parent will have the sole authority.
- Sole legal custody – With this type of custody, only one parent has the legal authority to make important decisions regarding the child or children’s healthcare, education, and religious upbringing.
- Joint legal custody – In this type of custody, both parents share the legal authority to make decisions regarding the child or children’s healthcare, education, and religious upbringing.
- Sole physical custody – This type of custody arrangement means that the child or children will primarily live with one parent, while the other parent will have visitation rights.
- Joint physical custody – In this type of custody arrangement, the child or children will split their time living with both parents according to a predetermined parenting schedule.
On matters of child support, New York laws require that parents contribute financially to support their children’s upbringing. This remains true even once their marriage is terminated. The law aims to uphold the least disturbance in the child’s status quo and this includes the fact that the child should have the same financial support they would have received if the couple was still married.
In most cases, the primary custodial parent would be the recipient of child support but the court will always consider the unique circumstances of the couple and the child’s best interests. There are also calculations that prescribe the amount of child support to ensure a fair award. However, the court would also accept any determination the couple makes as long as it is in the child’s best interests.
Child support is meant to pay for the child’s basic needs such as food, shelter, and clothing. Other add-ons can be considered such as education, health insurance, extracurricular activities, and medical expenses. It is important to note that nonpayment of child support can have serious legal consequences and a modification can only be awarded under specific circumstances.
The courts will always make a decision by taking the child’s best interests as a priority. Working with a skilled New York City child custody attorney can help you have a better idea of how the legal system works and increase your chances of getting the best possible outcome. Contact New York Family Law Group today for more information.