If you are considering filing for a divorce, you will need to think about child support and child custody. Even though both parents want what is best for their children, it is not always easy to see eye-to-eye.
One of the most heartbreaking aspects of a divorce case is that of determining who will have custody of the children. Sometimes the former spouses can come to an agreement regarding visitation rights and physical custody, but this is not always the case. What do parents do when they cannot agree? Although each U.S. state varies regarding divorce and family law regulations and proceedings, New York serves as a typical example of what one might expect. In New York, both parents have the legal right to request custody of their children. They both also have the right to request visitation rights if they do not have physical custody of the children. Regarding child support, this amount will be determined by the Supreme Court as part of the divorce case or by a family court.
Custody is simply the legal right of a parent to be responsible for their children. Legal custody gives a parent the right to make decisions regarding their child’s school, religious upbringing, medical decisions, and more. If a parent has physical custody of a child, it simple means that the child lives with that parent. This parent is known as the custodial parent or the primary caretaker.
There are several factors that go into determining which parent will have physical custody of the child or children. In New York, the judge will consider who had previously been the primary caretaker for the children. The courts will also take into account the health, lifestyle, job, and past of each parent. If the child is old enough, the judge will ask the children which parent they would rather live with. Lastly, if there was any domestic violence in the family, this will greatly affect which parent receive physical custody.
New York law states that children have the right to the same standard of living that both parents possess. When one parent has physical custody of the child, the other will probably be required to pay child support. This only applies when the child is under twenty-one and it follows a regulated chart prepared by the Division of Child Support Enforcement. Section 413 of the Family Court Act also gives detailed explanations regarding obligations to pay child support. The percentages range from 17% for one child to no less than 35% for five or more children. They also supply a worksheet which takes into account annual income and self-support reserve. For more detailed information regarding divorce, child support, and child custody in your home state, contact a qualified family law attorney.
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