New York City Child Support Attorney | Child Custody Lawyer New York City

Custody and Support Overview

The term “child custody” is describes the legal relationship (when pertaining to divorce) between a parent and child in regards to making decisions and the care provided.
The court will determine which parent has the best interests of the children, who can take best care of them.
The divorce decree will show who the children will live with and the visitation schedule for the other parent.
The court will order the "non-custodial" parent to pay a portion of his or her income as child support.
- Used for care in the upbringing of the children.
- Usually taken directly out of the payer's paycheck.
- If the payments become delinquent, can be withheld from a tax refund that is due you.

Filing for Custody

In New York City, you can file for custody in the State Supreme Court or in family court.
Steps include a petition plus:
- a writ of habeas corpus,
- notice of petition
- order to show cause

Law Guardian

The court will appoint a law guardian to represent your children.
- Will meet with your children
- Court will take into consideration guardian’s recommendation since it will be unbiased
- Family court – no cost to you
- Supreme Court – cost shared by both parents

Factors in Determining Custody

The overriding consideration in determining custody is always the children’s best interests.
If the children are old enough, the court will talk to them before making a decision.
Factors taken into consideration include:
- Most stable home environment
- Wishes of the child (if old enough)
- Parents health, both physical and mental
- Religion
- Support with members of extended family of either parent
- Best school
- Age and sex of child
- Use of excessive discipline or emotional abuse by parent
- Parental alcohol and/or drug use

In addition, if the parent can demonstrate that he or she was the primary caretaker during the marriage.

Primary caretaker responsibilities include:
- Bathing, and dressing the children
- Cooking meals
- Laundry
- Visitations to doctors
- Extracurricular activities participation, such as soccer, baseball and swimming
- Assistance with school subjects

Types of Custody

Physical and Legal Custody
- Physical custody: The children will live with one parent most of the time.
- Legal custody: Both parents have legal custody:
  - The right to make decisions about the children’s well being.

Joint Custody
- The children will spend an equal amount of time with both parents.
- Seems less like a divorce.
- One home base is sometimes best for the children.
- Requires cooperation between the parents.

Split Custody
- Not favored by most courts – not a good idea to split siblings.
- The children are split between the parents.

Unmarried Parents
- Most states will award the mother sole physical custody.
- The father can fight for custody but doesn’t often win if the mother is a good parent.
- A paternity test is usually done to determine if the father is truly the father.
- Once paternity is established, the court will issue a child support order.

Interstate Moves

An out-of-state move will require the permission of the court.
If a move takes place without permission, there will be consequences for the parent.
If the non-custodial parent moves to another state, the custodial parent is protected by the Revised Uniform Reciprocal Enforcement of Support Act.
- Makes sure child support continues
- A support order issued in one state can be enforced by the court system in another state.

Child Support

Children have the right to benefit from the income of both parents.

If your divorce has no child support order, you can file for it in Family Court.

In New York City, the Child Support Standards Act governs the support of your children.
- Determined by a percentage of income minus Social Security and Medicare taxes.
- Adjusted for low incomes – based on earning capacity.
  - 17% - one child
  - 25% - two children
  - 29% - three children
  - 31% - four children
  - 35% - five or more children

New York guidelines determine how child support is calculated:
- Child’s needs
- The number of children
- Parent’s income
- Financial investments, benefits, obligations
- Healthcare benefits

In addition to child support, the court will direct the parents to share the costs for:
- Medical insurance
- Education costs
- Etc.

Per New York law, you are responsible for your children until the age of 21.
If the child becomes emancipated, you no longer required by law to support him/her.
- Full-time job
- Joins the military
- Gets married
- Constructive Emancipation – refuses to communicate with parents
- Death occurs

Past due Child Support

If your spouse is not sending child support, you can have it garnished from his/her paycheck.
You can also collect by having a bank account, car, etc. seized.
You have to file for a petition in Family Court that shows your spouse is in violation of support.
- The court can sentence your spouse to jail (known as commitment) for up to 6 months.
- If full amount is paid, the jail time can end

Conclusion
If you are going through a divorce, and you and your spouse cannot arrive at a settlement for your children, we urge you to call us at the Family Law Offices of “insert attorney name” in New York City immediately. We are committed to doing what’s best for you and your children.

This site is built and hosted by www.legalberry.com Providing solutions for people looking for lawyers and providing solutions for lawyers looking for clients.

Child Custody / Child Support Issues in New York City