Ny Divorce Information With Child
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FAQ
In the state of New York, a contested divorce typically takes about nine months to a year to resolve ? although, depending on how many issues are in contention, the complexity of the situation, and the case backlog at your local court, it can drag on for years.
Yes. If the court has issued an order that you must pay child support, you must do so regardless of whether you see your child. A child support order is separate from an order related to visitation. If you fail to pay child support as ordered your risk penalties including loss of driver's license and jail.
Under New York law, the child's best interests are the most important factor in considering which parent gets physical custody. The child's best interests are also the most important factor for the court when deciding whether a situation warrants granting sole custody.
In New York, there is no specific age when a child can decide who he or she wants to live with. The court has the final say until the child turns 18 years of age. In most cases, the circumstances of the situation will matter as much or more than the child's age.
There is no set age in New York where a child's preferences are considered. However, the court will consider which parent the child would like to name as their custodial parent. The older the child, the more seriously the court will take his/her wishes.