Child support and child custody are often highly contested points at the end of any relationship that involved children. This makes perfect sense. After all, just because a person stops loving their spouse or significant other, doesn’t mean they suddenly stop caring about their children. They still want to play an active role in their children’s lives and many times divorce provides a challenge to the present relationship status.
Child Custody in New York
In the New York Family Court, the main factor in determining custody is “What is in the best interest of the child?” There are three main categories of custody in New York. They are full, joint and residential custody. Full custody gives one parent complete authority over the child. They can make all decisions, without the consent of the other. Joint custody means each parent is given equal decision-making responsibility, even the parent who is “non-custodial.” Residential custody awards a parent the physical presence of the child.
Child Support in New York
After child custody has been established, the non-custodial parent will be required to pay child support to the parent with custody. The standard rates for child custody are as follows:
- One child is 17% of income.
- Two children is 25% of income.
- Three children is 29% of income.
- Four children is 31% of income.
- Five children is 33% of income.
The court will consider many issues when determining child support amounts. For example, daycare expense, medical expense and the like are all factors that can alter the amount a parent will have to pay.
Child Visitation in New York
The standard for child visitation is to have the non-custodial parent receive the child every other weekend, four weeks of vacation and alternate holidays. However, judges are flexible, and if they feel a parent has the best interest of the child at heart, they frequently award additional visitation to that parent. This is because the New York court systems believe it’s in the best interest of every child to have both parents play an active role in their life.
Grandparents and Fathers Rights
New York courts what to keep families together. That’s why father’s rights, as well as grandparent’s rights, are seriously considered in each and every case. If you are the father in a child custody case and assume your rights won’t be heard, think again. With David Schnall, PLLC – Attorney at Law, your right’s as a father will be taken seriously.
You Can Maintain Your Relationship
Just because your marriage has ended doesn’t mean you are going to lose your relationship with your children. This is especially true if you call David Schnall, PLLC – Attorney at Law so he can fight for your rights to your children in court.