Child Support & Custody Issues in New York
Nassau County Divorce Attorney
Family courts will always rule on child support and child custody issues based upon what is believed to be in the best interests of the child. In most family law cases, married couples can suggest or propose their own custody and child support agreements; however, judges will not always approve of these agreements. In order to avoid child support and child custody issues during your divorce, it is best to consult a Nassau County divorce lawyer from Darlene T. Treston, Attorney at Law.
Child Custody
In the state of New York, family law courts recognize the actions of parents. The more you are able to act as an active influence in your child's life, the greater the chance you may have in gaining custody of your child. In New York, child custody is determined after consideration of many factors, including:
- Which parent has been the main caregiver in the past
- The mental and physical health of each parent
- Evidence of physical or domestic abuse
- Work schedules which may affect a parent's ability to provide for the child
- The child's expressed desires / preference
- The parenting skills of each parent, including their ability to provide for a child on an emotional, physical, educational, mental, and spiritual level
Child Support
Parental duties also extend to the ability of a parent to provide financial support to their children. After a divorce, if one parent's income is significantly less, or if one parent is shouldering the brunt of the financial costs of raising a child on their own, the other spouse may be court-ordered to pay child support. Child support is awarded to one spouse, and is determined by the courts after considering several factors based on the needs of a child.
The Child Support Standards Act was created to even the playing field in New York. Creating consistency and eliminating the unfair award of child support, the law ensures that child support calculations are applied fairly to all divorcing parents. Child support can be calculated by considering several factors, as outlined by the act, including:
- Combined parental income
- Number of children in the household
- Additional costs, such as medical support, health insurance, medical expenses, and educational expenses
- Earnings of both parents, including workers' compensation, disability, Social Security, and pensions
In the event that parents cannot mutually agree upon child support or child custody, it is encouraged that the parents seek alternative dispute resolution services, such as negotiation or mediation. At Darlene T. Treston, Attorney at Law, we are here to help your family through the divorce process and any complications that might arise during the dissolution of your marriage.
Protect Your Parental Rights
By taking your family law matters one step at a time, issues that may arise from a divorce can be addressed in a non-adversarial manner. We know how important it is for you to maintain an active role in the growth and development of your child. With a Nassau County divorce lawyer by your side, your rights as a parent can stay protected.
We offer our legal help to parents throughout New York, including Nassau County, Suffolk County, and Garden City. Take a proactive role in your child's life and contact Darlene T. Treston, Attorney at Law as soon as possible. We can help determine a fair and personalized plan for child support and child custody and help you and your child avoid as much conflict as possible. Call us today to schedule your free case evaluation!