Oftentimes, parents seeking to contribute to their child’s higher education are unaware of how child support may be impacted. In New York State, child support is based on a pro-rata (fewer deductions) share of parental income for the first $80,000 of combined income. Once you have the pro-rata share, the state applies a statutory percentage of income as follows:
Now that school has begun, many parents may be planning a family vacation outside of the United States during a holiday break. For many divorced couples, this may present certain challenges, especially for those without a detailed custody agreement. Continue reading “Taking Children Out Of The Country”
When establishing an equally shared parenting plan (50/50 parenting plan) it is important to develop a plan that is viable and will offer the most meaningful relationship for the children. In today’s society, many separated or divorced parents wish to be equally involved with their children’s needs, interests, and lives. A parenting plan that is 50/50 can be created through a multitude of ways. However, it must be developed through negotiation and compromise. It is important to remember that the plan must conform to the needs and best interests of the children. It is important to be familiar with and understand the difference between sole custody and joint custody prior to establishing a parenting plan. Working together with a legal professional to establish a plan is often key to a successful parenting plan. Continue reading “How To Establish A 50/50 Parenting Plan”
In New York State, an individual may adopt a person over the age of 18. This grants the person over the age of 18, the legal treatment of a biological child. Adult adoption often occurs for the purpose of establishing legal rights, including inheritance or recognizing a parent-child relationship. New York State does not have strict laws governing who is eligible to adopt as well as who is eligible to be adopted. For instance, in certain states, an adoptee must be a minimum of 10 years younger than the adopter. New York State only requires that the adoptee agrees to the adoption.
This is where matters relating to family law and child custody decisions are decided.
Summer break can be complex for divorced or separated parents. While children are off from school, making child custody arrangements for their daily activities or summer vacations may become problematic. It is important to remember that consistent and responsive communication will benefit all parties involved, resulting in a less complicated summer.
Here are a few tips for co-parenting in the most effective way:
In many instances, parents suffering from mental health issues may not seek help due to the fear of losing custody of their children. In some states, a parent may lose custody of their child, if they are suffering from mental illness.
According to studies, 70 to 80 percent of parents suffering with mental illness lose custody of their children. If the parent becomes hospitalized in a psychiatric center then the children are often raised by grandparents or other relatives. Those without extended family are placed in foster care.
According to the 2007 New York Family Court Act, paternity proceedings may be started at any time from pregnancy until a child is 21 years of age. If a motion is made by either party to perform a DNA comparison, the court may order the genetic testing unless the test is not in the best interest of the child. If testing is not within the best interest of the child, the court must provide in writing whether it is due to “equitable estoppel, the presumption of legitimacy of a child born to a married woman, or res-judicata, which means the issue has been judicially determined.”
A recent New York child custody case involved the custodial rights of three parents. The child custody case involved a married couple, Dawn and Michael, who had a relationship with their neighbor, Audria. Audria and Michael had a child together. Michael and Dawn separated, and Dawn and Audria moved in together. When the child was born, the three parents worked together to raise the child.
The New York Times reports that the first case to test New York State’s new definition of parent is underway. On August 30, 2016 the New York Court of Appeals issued a monumental decision regarding the definition of “parent” in relation to visitation and custody determinations. The case of Brooke S.B. v. Elizabeth A. C.C., held that after a party proves “by clear and convincing evidence” that both parties had come to an agreement to conceive and raise a child together, then they will be deemed a “parent” in relation to seeking custody and visitation. Prior to the ruling, New York law held that only an adoptive or biological parent had the ability to seek custody or visitation.