Child custody disputes have the potential to become quite acrimonious. In many child custody legal battles, there may be vicious allegations of domestic abuse, child abuse or even psychological and sexual abuse perpetrated by one of the estranged spouses. The attorneys at Carton & Rosoff PC have handled such long and drawn-out, bitter child custody battles for decades.
Divorce can come as a shock to the children of the separating spouses. As their parents squabble, the children often feel disheartened and lonely. Normally, courts throughout the country, including those here in New York, expect parents to come up with a child custody plan between themselves and then the judge will approve the plan without a custody hearing.
Many New York residents would agree that divorce is especially hard on the children. While spouses can look forward to a new life, the children are usually fearful about their future. They often wonder about who will take care of them. In addition, the custodial parent may be struggling after a divorce to make ends meet. Therefore, in the best interests of the child, the court may order the noncustodial parent to pay child support.
Many parents in New York may find that divorce tends to affect children more than adults, often influencing children's later intimate relationships. If their parents are fighting, children often feel insecure, anxious and sad. The feelings can become heightened if a couple fights over child custody. In most cases, it is better for parents to reach a decision before their divorce enters a courtroom, but sometimes this is not possible and a judge must make child custody decisions with the best interests of the children in mind.
Sigmund Freud once said, "I cannot think of any need in childhood as strong as the need for a father's protection." Many fathers, however, are not there to protect their children because they do not have custody of them. In some cases, this is because the father has a history of drug abuse or criminal charges and has been deemed unfit for child custody.
In New York, the amount of support a parent must pay is calculated using guidelines established by the state. Courts follow this standard guideline as a way of ensuring that the support amount paid by one parent or both parents is just and fair to both the child and the parents. The court's primary consideration, however, is that the child support is in the best interests of the child.
In New York, child custody is granted either to one parent solely or both parents share custody of their child. The determination is based on the best interests of the child. Child custody orders are issued in the state after the courts have determined what would be the optimal conditions for the wellbeing of a child in a given situation.
The current laws in New York State allow for child support modification when the need for a change is present. There are unique requirements laid down by the law for modifying child support, spousal support and child custody.
Dealing with divorce is not easy for anyone in New York. It can sometimes seem that the whole family is unraveling, since decisions made by the court about how the children will be raised and where they will live sometimes feel arbitrary. But many parents decide to put aside their differences while finalizing issues related to child custody. They may negotiate with each other on the custody arrangements and visitation plans, so that their children are not affected emotionally.
Child custody issues, whether they occur in Westchester, New York, or elsewhere, can be one of the most contentious topics when it comes to the subject of divorce. In a recent child custody related case, an East Coast woman has been charged with multiple criminal counts that stemmed from a confrontation with the police in relation to a child custody issue.