Uncontested Divorce With Children
In the New York courts, an uncontested divorce with children is the term used to
refer to a divorce in which both partners are in agreement on all matters. Once a divorce has been filed, a certain amount of legal matters exist that will need to be settled. The primary concern is without a doubt the children of the marriage, if there are children involved.A large amount of divorces become contested when it comes to finalizing custody and other issues concerning children, and uncontested divorce with children means that both parents have reached a compromise on the main decisions concerning the the ongoing care of the children. Custody is the principal issue and one of the spouses must be selected to be the custodial parent. The monetary value of child support which the noncustodial parent will be required to pay must also be decided. Health insurance payments for each child under the age of twenty-one will also have to be settled.
In all divorces in New York, there are a number of issues relating to the role of the non-custodial parent which must be contractually fixed, including the responsibilities of the custodial parent in relation to their former spouse. For example many divorce contracts contain clauses which deal with the well-being of the children. If one of the children becomes ill, is injured, or otherwise requires emergency assistance, the majority of divorce agreements rule that it fall to the custodial parent to tell the non-custodial parent without delay. Generally a portion of the divorce agreement will state that the custodial parent must discuss with the noncustodial parent any problems in relation to the well being and health of the child. Many uncontested divorce with children settlements, and most contested divorce agreements, contain a clause that ensures that both the custodial and noncustodial parent must encourage the child or children to respect the other parent at all times. It is also stipulated that they cannot make harmful statements concerning their ex to the children.
An uncontested divorce with children in New York might not be accepted automatically by the courts. The custody decision can be subverted in a situation where the courts determines that this is in the childrens best interest. For example, after an analysis of the situation is conducted and when assessments have been made by child psychologists, the courts may decide that custody should be awarded to the other parent. It is due to this power of the courts that an uncontested divorce with children settlement is not a sure thing, and may be adjusted by the court.
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