The state of New York takes domestic relations issues very seriously. Chapter 14 of the New York Consolidated Laws contains the crucial laws that govern domestic issues. Under this umbrella of laws, the state has included necessary guidelines and rules about child custody. These are the laws that govern how a mother and father should make their custody and visitation schedule, and also how that schedule is accepted and enforced by the court. It is absolutely necessary that a parent involved in a custody situation learn these laws and be familiar with them. Here is an overview of the rules that impact the custody and visitation schedule.
The Social Services Law in the New York Family Code specifies that the mother and father have an equal right to custody of the children. Neither parent is given a preference because of their gender, nor is either parent denied custody because of their gender. New York gives parents an option to have joint custody if that is in the best interest of the child. Joint custody means that each parent has substantial time with the children, but it doesn't mean that the parents have exactly equal time with the children. The mother and father also share legal responsibility of the children in joint custody.
The Social Services Law is very pertinent to parents who are setting up their custody and visitation schedule. The base of this schedule is the division of custody. Parents should select the custodial parent based on what is best for the child. If both parents want to be involved, joint custody may be the right option for them.
Chapter 14 gives the state of New York authority over child custody matters. This means that the state court can determine the custody and visitation schedule along with other custody arrangements. It is best if the parents can work together to make a schedule and submit it together to the court. However, if that isn't a possibility, this law gives the power to a judge to make the final decision. Each parent will have the opportunity to present a proposed schedule to the court and explain why it is in the child's best interest.
The state has specified that the judge must make any child custody decision with the child's best welfare in mind. Some of the factors the judge will consider when determining what is in the child's best interest are: the parenting skills of each parent, the role each parent played before the separation, the preference of the child, the relationship between the child and parents and siblings, if there has been a history of domestic violence, if the parents are able to get along, etc.
Once the judge has made a decision about the custody and visitation schedule, it becomes a legal document and is valid under New York law. This means that the parents must follow the terms and conditions in the schedule. Failure to do so can result in being held in contempt of court.
Custody and Visitation Schedules - Guidelines and Laws in New York Check For The New Release in Health, Fitness & Dieting Category of Books NOW!
Check What Are The Top Cooking Books in Last 90 Days Best Cheap Deal!
Check For Cookbooks Best Sellers 2012 Discount OFFER!
Check for Top 100 Most Popular Books People Are Buying Daily Price Update!
Check For 100 New Release & BestSeller Books For Your Collection
Discover how Custody X Change can help you create the best New York visitation schedule for your situation, and get the help you need to make your New York custody schedule.
0 comments:
Post a Comment