Divorce New York Custody

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Some relevant issues related to the general divorce cases such as child custody is legally handled and approved by the court system of the concerned state. Similarly, New York divorce custody laws are specific and follow specific act called Uniform Child Custody Jurisdiction Act (UCCJEA). The courts in New York do not interfere with the religious upbringing of the child while a child custody case is in progress. However, these courts do consider religion as a factor to determine child custody in the following cases:

• The religious practices of a particular parent endanger the welfare and health of the child
• The child has developed any ties to a particular religion

Factors Speculated by Court in Divorce New York Custody

There are several factors (as mentioned below) that are contemplated by the court in determination of the child custody. It must be kept in mind that any one factor does not determine the custody. The courts dwell upon the "totality of the circumstances" and their impact on the best interests of the child.

• The demeanor of the parents in the past
• The economical status of the parents
• If the child custody is changed from what it is at present, what is the possible impact on the child?
• The useful educational possibilities of the child
• The moral fitness of the father and the mother
• The availability and capacity of the parents in terms of fulfilling the basic needs of the child such as education, health and other important expenses
• The ambiance of the residences of the parents
• Whether each parent showers affection and care on the child?
• The relative stability of the father and the mother
• Whether any parent has abandoned or seized the child? Moreover, whether any parent has defied the legal procedure at any instance?
• The number of months (or years) for which the custody plan, which is observed at present, has been in existence.
• If the child is of adequate age, then the desires of the child regarding custody is surely taken into consideration.
• The physical and mental state of both the divorcing parents and the child is one of the most considerate factors for this section.
• If there are two or more children, then if these siblings would be separated, what would be the effect on them?
• It is essential for the divorcing parents to provide detailed information about the child's stay in past five years.
• As per the laws of this state, the child of the age of twenty one or less should be supported by the divorcing parents till he or she could not support their life by their own.
• Any case of domestic violence is seriously considered before ordering the custody responsibilities to the concerned divorcing parties.
• The dependency of the child on the person other than his or her own parents is another crucial point considered during final settlement of child custody.

• Whether any parent has made unsubstantiated accusations of child abuse?
• Whether any parent has performed unauthorized relocation of the child to a distant destination?
• Whether any parent is willing to foster visitation? On the other hand, does any parent decline visitation?

Rights of Grandparents in Divorce New York Custody

The New York Domestic Relations Law was modified in January 2004. As per this amendment, if the grandparents in this state prove the existence of "extraordinary circumstances", then they may be bestowed child custody rights.

The term "extraordinary circumstances" implies a long interruption in custody. In order to prove the existence of this term, three major conditions should be satisfied by the divorcing parents. These major conditions are:

• Separation of the parent and the child for at least twenty four continuous months.
• During this separation, the parent must have voluntarily surrendered control and care of the child.
• During this separation, the child must have lived in the residence of the grandparents.

The New York divorce custody is only finalized after considering the best interests of the child. The adequate upbringing of the child by the resources provided by the parent who is capable of providing them is the main focus of this process.

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