WHAT IS A “MARITAL RELATIONSHIP WITH A MINOR CHILD” BETWEEN A COUPLE?
In a divorce case where a minor child is involved, an agreement between the two parties is required on issues of custody, visitation, and child support before the judge signs the divorce judgment. However, it does not apply to all children on both parties, but only to “Children of the Marriage.” The term”Children of the Marriage ” is a legal term that refers to a child under the age of 20 who was born or adopted by his or her parents before or after marriage. Before the divorce ruling is made, support for minor children in the marital relationship must be set. If you have a minor child under the age of 17, custody and visiting rights for the child must be determined. Custody, visitation rights, and child support are included as part of the divorce case and may be tried at once. In that case, these issues will be included as part of the divorce ruling and may take a long time to be decided.
CUSTODY IS DETERMINED BASED ON THE CHILD’S INTEREST
A Custody Order is granted for the wellbeing of a minor child. Custody is separated into two areas, Legal Custody and Physical Custody
A custody order for a minor child in a New York court can only be effective until the child is 18 years old. At this time, the court will handle custody in the best Interest of the Child. If there is no separate court order, the foster parents have the same rights in legal and physical custody.
DIFFERENCES BETWEEN JOINT LEGAL CUSTODY AND SOLE LEGAL CUSTODY
Only a guardian who has legal custody of a minor child has the authority to make decisions about issues that affect his or her life, such as health issues or religious education issues. If the judge makes a ruling in Joint Legal Custody, the parents can make these important decisions together. Regardless of which parent the child lives with, the parents must find an agreement and make a decision together. If a judge gives Sole Legal Custody to one of the parents, only the custodial guardian has the right to make important decisions for the child.
DIFFERENCES BETWEEN JOINT PHYSICAL CUSTODY AND SOLE PHYSICAL CUSTODY
Only the guardian who has physical Custody, i.e. Residential Custody, of the parent is responsible for the physical care and supervision of the minor child. If the judge gives Joint Physical Custody, the child must live for the same period of time as each parent. If the judge gives Sole Physical Custody, the minor child must spend more than 50% of his or her time with the Custodial Party, and the Non-custodial Party, which does not have sole physical Custody, will have the right to visitatioin.
WHAT ARE VISITATION RIGHTS?
In most cases, the court wants a minor child to continue his or her relationship with both parents. If one parent takes Sole Custody, the court allows the non-custodial Party to visit the child and spend time together. However, the exception is when there is a clear reason that the guardian cannot have the right to visit. Custody and visitation rights are separate issues, but are usually determined at the same trial. However, the visitation petition can be seen as a separate issue. The court will order visitation rights when it is determined that it is “best Interest of the child.”
CHILD SUPPORT IS PAID UNTIL THE CHILD IS 21 YEARS OLD
New York State Law specifies that parents support their children financially until their minor child is 21 years old. Child support includes health insurance costs until a minor child is 21 years old. If a child under the age of 21 is married, economically independent, or enlisted in the military, the child is already considered emancipated from his or her parents, and he or she is not responsible for the child.
IF YOU ARE NOT MARRIED, ESTABLISH PATERNITY WITH AN ORDER OF FILIATION
Usually, a custodial Parent receives child Support from a non-custodial parent. A custodial guardian has physical Custody. This means that a minor child spends most of his or her time with this guardian. If both parents have never been married, an Acknowledgment of Paternity or Order of Filiations is required to establish paternity.
YOU CAN REQUEST A CHILD SUPPORT ORDER WHILE THE COUPLE IS LIVING TOGETHER
A Custodial Party may raise children with money earned on its own, but it has the legal right to receive child support from the other spouse. If both sides are living with their children, one of the parents may exercise a Child Support Order. For example, if one of the parents does not pay the money needed to raise a minor child, you can use a child support order to get the money.
IF A MINOR CHILD IS PLACED IN FOSTER CARE, BOTH PARENTS MUST PAY CHILD SUPPORT
If a minor child is placed in Foster Care, both parents are responsible for paying support for the child. To summarize, child support can be categorized in three ways:
Supreme Court Order for Child Support During Divorce Proceedings
Child Support Petition in Family Court
Written Agreement between the parents
The important thing to know is that if the form or content of the written agreement is not as specific as required by the court, the court may not recognize the agreement itself.