Most New York residents would agree that a divorce emotionally affects children of the marriage. While spouses usually want to break the marital bond as quickly as possible and move on, children most often want their parents to stay together. With outcomes at odds, family courts across the country, including those in New York, rule in the best interests of the child, usually by ordering one parent to take custody of the child and the other to pay child support.
New York residents may agree that divorce often becomes much more complicated when children are involved. Many times, children feel insecure when their parents fight over child custody issues. Hence, in the best interest of the child, courts across the country, including those in New York, usually award one parent custody of the child; the other parent is ordered to pay child support and is awarded visitation rights. However, child custody disputes still occur.
Courts in New York, like anywhere else in the country, want a child to have an enduring relationship with both parents, even after divorce. If a parent has sole custody, then the court will allow visitation rights for the other parent who does not have child custody. That parent is allowed to spend adequate time with the child and visitation rights cannot be denied unless the court finds a good reason to do so.
New York residents understand that divorce can take quite a toll on children. While couples can look forward to a better future once the divorce proceedings are over, children are often haunted by a sense of insecurity. Who will they stay with? Will the other parent visit me often? Who's going to pay the bills? These are some of the questions that may affect children at the time of divorce.
As divorcing spouses separate and move on in life, and perhaps remarry, spouses may find themselves being a part of multiple families. Very often parents may have child custody of their own child and then play the role of a parent for a new spouse's children. Playing multiple roles can be very stressful and, according to a recent report, men can be more at risk for depression.
Divorce can be likened to a roller-coaster ride, with a full range of emotions from anger to frustration to sadness and depression experienced by both parties. As a couple engages in a court battle, they often forget the best interests of the child. What a couple often forgets is that, although they may have fallen out of love, their children still love both parents equally, and want to be with both parents. Most courts in the country, including those in New York, take these factors into consideration when determining child custody.
According to current practices, courts in New York and other states make decisions pertaining to child custody based on the best interests of the child. The best interests of the child are an amalgamation of various factors, such as the emotional ties between parents and siblings and a child, the ability of parents to provide a healthy environment for a child's upbringing, the health of a child and the presence of domestic violence. Once these issues are addressed and a judge is convinced that a child's best interests is protected under all circumstances, a child custody order is issued.
A 45-year-old actress from Gossip Girl and resident of New York has taken her child custody case to the federal courts. She claims that having her children in their father's custody amounts to their deportation. The father, who was awarded physical custody by a California court in August 2012, is German born and lives in France. He was apparently expelled from the United States. Satisfying his custody ruling would require that the children live in France and be visited by their mother. The couple technically has an equal 50-50 care-taking agreement. It is unknown how well this would be observed if the children were moved to France.
While some people may assume that family law judges favor the mother in child custody cases, judges in the state of New York are expected to make decisions regarding child custody based on the best interests of the child. In making such a determination, judges may consider the parents' work schedules and child care plans but may also take other factors into account. Some factors that are relevant in determining which parent should have child custody include the parents' respective states of health, the child's relationship with other family members and which parent has been the main emotional provider for the child.
Divorced parents in New York might agree to child custody and divorce settlements, but that doesn't mean they are always easy to enforce. Custodial parents whose ex-partners express a desire to take the kids traveling internationally might worry that their exes won't abide by the terms of their child custody agreements. Taking legal action if a parent doesn't stick to the terms when an ex has the kids in another country can be very costly and time-consuming because of the difference in jurisdiction. Divorced custodial parents do have some options that might reduce anxiety.