Black &Daiter, LLP

Agreeing upon the best arrangement for your children is often the most contested and emotionally difficult part of a divorce. The courts will do what is in the best interests of the children and will look at a number of factors when determining custody, including which parent has been the main caregiver, parenting skills, health of the parents, work schedules, siblings or extended family relationships, and the desires of the children. In most cases, the court will want the parent who does not have legal custody to have a relationship with the child and have regular visitation.

Legal custody involves the right and responsibility to make decisions for a child, and residential or physical custody involves where the child will live.

Joint custody means that both parents make major decisions about the child together, including decisions about schools, religion, and health. Smaller decisions in joint custody are made by the parent who is physically caring for the child at a particular time.

In sole custody, just one parent has the right to make the major decisions.

In New York, both parents have a duty to support their children. Usually this is accomplished by having the Non-Custodial parent pay support to the Custodial Parent. The support amount is determined by using the Child Support Guidelines. Child support is determined by multiplying the combined parental income of the parents up to $80,000 by the appropriate child support percentage (17% for one child, 25% for two children, 29% for three children, 31% for four children and 35% for five or more children), and allocating the amount between the parents according to their share of the total income. In cases where the combined parental income exceeds $80,000 per year, the court may make an award based on this additional income by considering other factors.

The attorneys at Black & Daiter, LLP will work with you and fight for the best arrangement for you and your children. If you are seeking a law firm who understands your unique situation, contact Black & Daiter, LLP today.