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Family Law Blog New City, New York

News and insights about divorce and family law in New York.

What are a Father’s Custody Rights in New York?

One of the most common misconceptions about child custody is that the court will always favor giving custody to the mother over the father. While at one time that was the case, modern courts have changed their way of thinking and are embracing the positive impact a father’s role has on their child’s life.

 

The evolution of father’s rights in New York New York

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Child Custody and Parental Drug Testing

In a perfect world, child custody arrangements would be simple and straightforward. However, there are some instances in which one parent may feel that their child is in danger while under the supervision of the other parent. Perhaps no such situation poses more danger to a child than parental drug addiction. This article explores the role of parental drug testing in child custody cases and the impact drug use has on parental custody rights.

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F.A.Q. About Domestic Partnerships in New York

F.A.Q. About Domestic Partnerships in New York As ideas about marriage and households evolve, the legislature attempts to reflect these changes within the laws. One such New York law allows couples who meet certain requirements to be able to file as domestic partners, entitling them to many of the same benefits as married couples.

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Custody, The “Home State,” and UCCJEA

The Uniform Child Custody Jurisdiction and Enforcement Act, also known as UCCJEA, was enacted in 1997 to establish which state has jurisdiction over child custody when more than one state is involved in the dispute. The Act gives the child’s home state jurisdiction over custody: the “home state” is defined as the state the child resided in for at least six months prior to the filing of the action. If the child has lived outside the home state for the six months prior to filing, the other state is given priority. If the child is less than six months old, the home state is whichever state the child has lived in since birth.

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New York Child Support and The Cost of College

Parents who wish to provide for their children’s college education are often confused by how the payment of child support affects their responsibility for their child’s future education costs. While each parent undoubtedly wants to provide for their child’s education, dividing the cost between two parents can be more complicated than just assigning a simple static monetary amount.

Standard child support in New York is calculated by the total combined income of the parents, minus deductions, to determine the pro-rata share of each parent based on the number of children needing support. In New York, the noncustodial parent is required to pay child support until the child reaches the age of 21. For those children who pursue a college education, this means that child support will still likely be paid for a portion of their collegiate years.

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