Child custody is often the most contentious aspect of the process, particularly when parents disagree as to who should make major decisions going forward and where their children should live. In some cases, these issues can be settled through mediation or collaboration, but litigation may prove necessary. No matter which approach is best for you and your children, you can benefit from working with a respected child custody attorney. At Gemelli & Gross, PC, we provide high-quality counsel in the interest of promoting a positive future for our clients and their families.
How Is Child Custody Determined?
New York courts make child custody decisions based on what is in the “best interests of the child.” While a variety of factors may be considered, the overall goal is for the children to maintain strong relationships with both parents, when appropriate.
What is the Child’s Role in Determining Custody?
Children may have a significant say in custody decisions, particularly as they get older. Younger children’s wishes hold less sway, however, as they may change their mind multiple times or fail to express a clear opinion. In such circumstances, other factors take precedence.
How Does Child Custody Impact Child Support?
When one parent holds primary physical custody (sometimes called residential custody), the other is typically responsible for paying child support. Even if the parents share physical custody, one may still be required to pay support. In these situations, under the New York’s Child Supports Standards Act, the parent with the higher income is deemed the non-custodial parent and may be required to pay child support. Your lawyer can play a key role in securing mutually beneficial custody and support agreements that promote the best possible upbringing for your children.
The sooner you get in touch with a trusted child custody attorney, the better. At Gemelli & Gross, PC, we understand the complexities of child custody law, and what it takes to secure a favorable custody resolution. Reach out today to learn how we can assist you with your custody concerns and other divorce matters.