I am asked many questions as an experienced New Jersey Child Custody Lawyer. Check out these types of custody questions for more information and contact us for a free case review.
What is the Difference Between Joint and Sole Custody in NYS?
- The types of custody that are relevant in every case are Legal Custody and Physical Custody
- Legal custody is decision-making authority for a child, and physical custody is where the child resides
- When you’re talking about Joint versus Sole Custody, you’re talking about Legal Custody
- Under Joint Custody, the parents need to agree upon major issues
- Under Sole Custody, the parent with Custody has authority to decide these matters
What is Important to Know About Shared Custody?
- When considering shared custody, it is extremely important that parents have the ability to talk to each other
- They need to consult in order to reach consensus on various major issues, including health and education
Is Joint Custody Preferred by New York State Courts?
- The courts do look to create a Joint Custodial situation where it is possible and practical for parents to discuss major issues
- There are many instances where Joint Custody is not practical or possible
How is Child Support Calculated if There Is Shared Custody?
- The New York Court of Appeals has stated that the parent who is earning more money is deemed the non-custodial parent, and the non-custodial parent pays Child Support
- The courts have the discretion to reduce Child Support paid by the non-custodial parent, if it would be unjust or improper for them to order full support
- The parents will work out how expenses will be paid, which may include a periodic payment to assess the parent who is earning less money
Contact Our Saratoga Child Support Attorneys
If you have questions about child support and types of child support in New York, contact experienced New York Child Custody Lawyer to fight for your family.