Grounds a Parent Can Use to Seek Full Custody or Child Support
In making decisions about child custody and support, New York family courts consider many factors, including the maturity, morality, and stability of each parent and their willingness to make decisions in the best interest of their children. They also consider how well each parent communicates and cooperates with the other on matters related to their child.
New York courts frown upon the unwillingness of one parent to honor the parenting time of the other since children need time with both parents. In addition, unauthorized relocation or abduction of the child to a distant location requires the support of an aggressive and skillful attorney to protect your rights—and the health and well-being of your child.
Well-being of the child is paramount
Ultimately, the family courts put the interests of children first. In cases where the minor child is old enough, his or her wishes may be taken into consideration. In addition, one parent might receive sole custody if the other has a history of domestic violence or substance abuse. However, if one of the parents makes unfounded accusations of child abuse against the other, this could also result in a loss of custody.
In New York, child support payments are largely based upon income, according to statutory guidelines and formulas[CK1] published on the New York Office of Temporary and Disability Assistance website. The higher wage earner usually pays a higher percentage of child support. However, courts consider special circumstances affecting the family, such as the special medical needs of the child and educational needs of either parent.
Best to determine your own settlement
It is advisable for divorcing spouses to negotiate the terms of their own divorce settlement. After all, they know their unique family dynamics best. If parting spouses cannot agree on issues like child custody or support, the courts make the decision for them. And if either party lies about his or her income or hides financial assets during the divorce proceeding, and it is uncovered afterwards, the divorce case could be reopened and the lying spouse penalized.