Child Custody and Support

Disputes about child custody inevitably arise during a divorce. JLG’s family and matrimonial lawyers will secure the best possible arrangement for you and your child.

 

As with all of our Child Custody and Support Cases, we will treat your case with the utmost sensitivity and care. We know the emotional toll that divorces, especially when they involve children, have on our clients. We are here through every step of the process to ensure as smooth and seamless a custody and support arrangement as possible. 

 

Types of Child Custody

The Supreme and Family Court prefer when both parents continue to raise their child. In New York, the various types of child custody are:

  • Joint Custody
    The most common arrangement after a divorce or for unmarried parents. This includes:

Joint legal custody

– Both parents have a say in the decisions that will impact the child. In cases of major disputes between parents who have joint legal custody, it will be settled in court.

Joint physical custody

– The child will split his/her time living between both parents’ household. This is awarded when the child spends significant amounts of time with both parents.

  • Sole Custody

This can refer to either sole physical or sole legal custody.

Sole legal custody

– Sole legal custody awards one parent the right to make long-term decisions about the child’s upbringing and wellbeing. This includes decisions regarding schooling, religious upbringing, medical care, etc. In most states, family courts prefer that parents share joint legal custody, so this is usually only awarded when a parent is deemed unfit for reasons including abuse, neglect, etc.

Sole physical custody

– Courts generally won’t hesitate to award a parent sole physical custody. This means that the child will only live with the custodial parent, but both parents would have to make joint decisions about the child’s upbringing. The noncustodial parent is also allowed to have visitation rights under a parenting agreement or schedule.  

We will help you choose the arrangement that is right for your family. And in each case, our family lawyers will advocate on behalf on you and your child.

 

Determining Custody

The Supreme and Family Courts consider the following factors when deciding who receives custody of a child during a divorce:

  • Child’s preferences

  • History of abuse or neglect

  • Parents' age, health, and financial stability

  • Parent’s behavior in court

  • Mental and emotional stability of both the child and the parents

       Child Support

In New York each parent is required to provide financial care for their child after a divorce. The following chart shows how much of a family’s income must go towards child support:

  • 17% of the combined income for one child

  • 25% of the combined income for two children

  • 29% of the combined income for three children

  • 31% of the combined income for four children

  • No less than 35% for five children or more

During or after a divorce our family and divorce attorneys will advise you on how best to proceed on issues relating to child support—how much to pay, how to file paperwork, and how to enforce that your ex-spouse pays their child support. In the event that litigation is necessary, you can rely on us to take aggressive action that will ensure the best outcome for you and your child.

 

JLG’s family lawyers will represent you when you need to change or uphold your current child custody orders. JLG’s seasoned family litigators can help you to in both your child custody and child support cases. We combine superlative service with compassion during all of our cases. Contact us online or call us at 347-897-6199 to discuss your child custody and support case today.

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MARGARET H. MAYO

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CHRISTOPHER MORIK

Of Counsel

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