New York Child Support laws have many nuances. Whether you're going through a pending divorce or are simply having issues with a significant other, it's important to understand how the court system treats child support in New York. Here is the one critical piece of information you must remember when going to court:
The best interests of the child are paramount in all decisions. The older the child is, the more chances that the child’s choice will be taken into consideration when determining custodial rights.
In New York, both parents have custody. Normally, the parent that lives with the child is deemed to be the custodial parent. De facto custodian is the primary caregiver and financial supporter of a child who has resided with that person for a certain amount of time.
The Court helps to reunify the family by keeping the child’s best interests paramount to the parents. New York child support assumes the child cares for both parents equally when a case is brought in court. Therefore the court will determine what the best interests of the child are when making custodial decisions.
Parents can have joint custody of the child; however one of the parents will have final say when it comes to making all 'major decisions'. Major decisions include medical, education, and religion among others. Sole custody is granted in circumstances where it is in the best interest of the child to be with one parent only.
**This blog post is for informational purposes. Your specific circumstances may vary from the information provided. Every case is different. Prior results do not guarantee future outcomes. The contents contained in this post do not establish an attorney-client relationship. Please contact us before sending confidential or time-sensitive material**