New York Child Support &  New York Divorce

New York Child Support &  New York Divorce – Chapter 14 of the New York Family Code contains the laws about domestic relations. In these statutes, the state has provided the guidelines and information about child custody. Chapter 14 mandates that parents in New York create a custody agreement after they divorce or separate. The agreement, also referred to as a parenting plan, ends up being the legal document that contains the rules and stipulations the parents must follow regarding their children. New York Divorce

The New York Family Code recommends that parents have specific information about a few topics in their parenting plan. Here are some guidelines from the Code to help parents create the best agreement.

1. Information about physical and legal custody. Chapter 14 defines physical and legal custody and mandates that parents divide the responsibilities. Physical custody refers to the physical residence of the child and legal custody refers to the parents’ authority to make decisions concerning the child. Parents can create a thorough custody and visitation schedule to show the division of physical custody, and they should create stipulations and provisions that explicitly state how they share legal custody.

2. The plan must be in the child’s best interest. The state of New York will not accept any parenting plan or custody agreement that is not in the best welfare of the child. The court must base every custody decision on what is best for the child. The factors that the judge will consider when determining what is best for the child are: which parent was the primary caretaker of the children, the employment of both parents, the current relationship of the children to the parents, the ability of the parents to care for the children, if a parent allows the other parent to visit the children, etc. Parents must incorporate and plan for these factors as they make their plan.

3. The agreement must be approved by the state court. Parents must submit a parenting plan or agreement to the state court to have it become the custody order. This makes it a legally binding agreement between the parties. The state encourages parents to work together on the plan. If that isn’t possible, each parent will present a case before the judge in the family court and the judge will determine the final plan.

The state of New York wants custody situations resolved in the best way possible. This benefits the parents, the child, and also the state because there isn’t a backlog of custody cases in the court system. A mother and father should learn the Family Code as thoroughly as possible to expedite the approval of their plan.

Discover how Custody X Change can help you create the best New York parenting plan for your situation, and get the help you need to make your New York custody agreement.

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That concludes New York Child Support &  New York Divorce

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