subject: Divorce With Children Involved [print this page] Once a divorce suit has been initiated, the central sticking point of most divorcing couples usually is based on the couples offspring. Divorce with children involved in New York is either contested or uncontested depending on the circumstances. For an uncontested divorce, both parents are in agreement about the splitting of all of the marital assets, and have also reached an arrangement in terms of child support, custody and supplementary issues in relation to the children. When you have a contested divorce in New York, some issues exist that cannot be brought to agreement . This may be due to a lack of agreement on custody of children, or conflict regarding the splitting of marital assets.
In the courts of New York a divorce with children involved is taken as being a grave responsibility for the courts. A size able quantity of time and resources are allocated to find what solutions are the most appropriate for each child. When there is a contested divorce, the children must be assessed by child psychologists, so as to determine if the breakdown of the marriage is affecting the children detrimentally. These psychologists meet with the children individually also to help the courts decide which parent should be awarded custody. Generally this procedure necessitates a minimal number of two sessions with the child psychologist, and the process demands that the parents should alternate in taking the child to the session on each occasion. In the case of a divorce with children involved, the decision concerning custody can also determine which parent retains ownership of the couples former home. Usually the custodial parent is allowed to keep the marital home in conjunction with the children until they are grown. However there are other aspects that can affect this, e.g. how long the family have lived there. Other details which have to be ruled upon by the court include child support. A detailed assessment of the martial finances needs to be carried out so the court can arrive at a correct division of the marital assets. This has a major effect on decisions regarding the monetary value of child support that has to supplied by the noncustodial parent. The custodial parent may ask of the court that a ruling be made regarding any college expenses pertaining to the children, regardless of their age at the time of the settlement.
Where there is an uncontested divorce with children, it is possible for the New York courts to intervene on the subject of custody. Even when the parents are not contesting the custody of the children, the courts can go against this decision if they feel that it is in the best interests of the children.
by: m2webseo
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