New York State Child Custody Laws

Written by Michael O'Brien
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New York state child custody laws are based upon a "best interest of the child" approach. Within this frame, courts consider both parties seeking custody of the child. The strengths and weaknesses of both parties are considered. And the needs of the child or children are taken into account in a child custody battle.

Either parent may be qualified to rear the child. If both parents are filing for custody and a child custody dispute ensues, each parent's assets such as salary and location will be taken into account. The court will weigh each side before deciding which party receives custody.

Relocation and Child Custody

Issues arise when custody has been granted and a parent decides to relocate. Relocation requests are considered on an individual basis, but in each circumstance, the best interests of the child are of foremost importance. Parental rights are also important, but are simply outweighed by the needs of the child.

Child Support and New York State Child Custody Laws

Child support is based on the income of the parent paying, the income of the parent to be paid, and the needs of the child involved. A child's needs include basic necessities such as food, shelter and clothing, as well as other pertinent requirements such as education and entertainment. New York state child custody laws take all these factors into consideration.


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