In New York, as in all other places the world over, child custody and child support are the two contentious issues in any divorce case. The parental responsibility for a child’s welfare cannot obviously cease with the dissolution of a marriage. As a matter of fact, parents planning a divorce must ensure that the child is made to understand that they will still love and care for the child though living separately.
Long-term Welfare of the Child
As regards child custody, courts in New York accord paramount importance for the interests of the child and its long-term welfare. The courts in New York are also concerned that the child should not be used as a pawn by the estranged couple for scoring points in divorce negotiations.
New York courts recognize all children below the age of 18 as deserving of court interference for child custody when deciding divorce cases. The courts in New York may also ascertain the wishes of the child if the child is sufficiently old and mature.
Hiring a Law Guardian
If the separating parents quarrel over the child custody issue and fail to reach a mutually acceptable agreement, the New York Court may choose to hire a law guardian to study the whole affair and make suggestions for child custody as also a suitable visitation schedule.
Joint and Shared Custody
If the New York court decides in favor of joint custody of the child, one of the parents will be allowed legal custody of the child and this parent will be known as the residential parent. Joint legal custody will entitle both parents to decide about major issues pertaining to the child like place of stay of the child, medical treatment, education plans and other serious matters involving the child’s upbringing.
Whenever the New York courts feel joint custody of the child is not feasible, it may permit one parent to have custody of the child. This will mean that the custodial parent has the legal right to make all decisions for the child’s welfare plans. The other parent will only have prescribed visitation rights and nothing more.
The other alternative before New York courts is to award shared custody of the child whereby each parent will have specifically earmarked responsibility for the child but can jointly decide on all major issues affecting the child’s future.
In practice, however, New York Courts will be forthcoming in awarding joint custody or shared custody only if the sparring parents display adequate maturity and a willingness to overcome their mutual distrust in the larger interest of their child’s future upkeep.
Interestingly, during 2004, the Domestic Relations Law in New York was amended to entitle the grandparents residing in New York custodial rights of the child if the grandparents could convince the court of the need to entrust the child to their care.
Getting Legal Help
Getting legal help from the right attorney or lawyer is a wise option since they are the ones who can defend you as well as your children. But make sure they are competent enough to give you what you desire during the course of child custody and divorce.
