Uncontested divorces can be time-efficient, cost-effective and less stressful than traditional divorces. However, when the parties are parents of children, the process can become significantly more complicated. If you have children and are considering an uncontested divorce in New York, a qualified family law attorney can help ensure that the rights of you and your children are best represented.
Physical and Legal Custody, Visitation and Childsupport
Parties are legally able to obtain an uncontested divorce in New York when children are involved if certain requirements are met. In order to do so, both parties must agree on physical and legal custody, visitation and child support. Physical custody refers to which parent will provide a permanent residence for the child, while legal custody refers to which parent has the authority to make important decisions for the child such as medical care and where they will attend school. In an uncontested divorce, parents have significant leeway in determining visitation: the parents can set out a strict time schedule of visits or merely state that visitation will be “reasonable.” Guidelines for child support are outlined by the Child Support Standards Act, but parties can agree to different terms by filing a Stipulation Regarding Child Support form.
Some Challenges When Children are Involved
While the process may seem straightforward, there are a myriad of problems that may develop in an uncontested divorce when the custody and welfare of children are at stake. First, it is much harder to get a judge to sign off on your uncontested divorce when children are involved because it is the judge’s duty to ensure that the child’s welfare is best protected. Simple errors or miscommunications regarding visitation or support can cause the entire uncontested divorce to be denied. Second, many parents choose to use the term “reasonable visitation” in lieu of a set time schedule which can often lead to visitation battles further down the road when one parent feels that they are not given enough time with the child. Third, a parent may change their mind about custody, visitation or support after the filing, changing the divorce to a contested one. For all of these reasons, it is important to hire a New York family law attorney who is experienced handling the complex issues of custody, visitation and support to help guide you through the uncontested divorce process and protect the best interests of yourself and your children.
Questions? Contact Our Uncontested Divorce Lawyer
The Law Office of Stacy Sabatini, Esq. is located in New City, NY, and serves family law clients throughout Rockland County. For more information or to contact us, please visit www.sskfamilylaw.com.