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Oneida County Law Blog

Shared parenting laws: what are the pros and cons?

Extensive studies into social science have demonstrated that children benefit from having two involved parents, including the father. Children whose fathers have higher self-esteem, better academic records and perform better on a range of emotional, physical and behavioral health measures. These statistics have long been ignored by divorce judges, according to father's rights advocates groups that are pushing for legislation to adopt co-parenting as the norm.

It may not come as a surprise for New York residents to hear that divorce judges have long been accused of favoring mothers when it comes to child custody decisions, with fathers leaving a court as visitors and mothers leaving as single parents. However, as courts begin to include shared parenting in their child custody decisions, a number of states have begun considering bills that would make shared parenting a presumption, even when parents disagree.

Young and divorced: Making a healthy split

You loved your spouse when you got married, and you still have a healthy amount of respect for him or her. You both wanted the same things when you were married at a young age, and now, coming up on your 30th birthday, you've realized that you no longer have anything in common. You've grown apart and want different things.

It's not unusual for people to grow, change and divorce when they get married when they are still young. Despite that, no one goes into a marriage thinking that it will fall apart. In your case, you've been together for years, and there's much to do to resolve the issues in your divorce. Fortunately, you can do so in a healthy, respectful manner.

When is the best time to talk about divorce?

According to some experts, couples are at their most optimistic and affectionate with one another right after they get engaged. It seems natural -- an engagement signals the beginning of something new, a journey a New York couple is undertaking together. It might seem counter-intuitive to discuss divorce at this time of celebration, but some experts suggest this could be the best time to discuss it.

Love and affection is never higher for one another than at the beginning of the engagement, as compared to the end of the marriage, when the couple's pain and heartbreak often brings out the worst in them. Rather than make important decisions about the dissolution of one's marriage at that time, its better to discuss it at the onset.

Achieve one's divorce goals with the help of professionals

With one's emotional and financial future on the line, the family law issues that arise during a divorce often end up becoming highly contentious. Whether the divorcing New York couple has children or not, property division is one of the most disputed couples. Some assets may have a high monetary worth, while others have sentimental value. Evaluating assets can be a difficult, but an essential part of the divorce process.

From child custody to bank account splits, most of the decisions one makes during a divorce are difficult, but they do not necessarily have to be made alone. Having someone by one's side who can explain both the law and its impact to a divorcing person can be highly beneficial. This is where the lawyers at the Hobika Law Firm can be helpful.

How is credit card debt divided in a divorce?

Using a credit card for daily expenses has become more and more common, especially now with smartphones allowing you to go through checkout lanes with only a flick of the wrist. The reliance on the card increases as credit card companies create incentives to keep using it, resulting in credit card debt accumulating if payments are not made in full. While a New York couple is married, the payment of the card usually comes from joint expenses and both parties are responsible for it. But, what happens when a couple is ending their marriage -- how is credit card debt split?

Generally, if someone is not an account holder, they are not liable for the debt accrued on the credit card. The issuer of the credit card will go after the primary holder, not the authorized user. However, one step couples can take before the divorce is pay off the card and close the account or decouple it, so further debts do not ruin the authorized user's credit history.

Are summer camps included in child support orders?

Sending kids to camp during the summer may have been the norm for a married couple, who shared expenses and made the decision together, but post divorce this may change if not specifically address in the child support order or by law.

As mentioned previously the financial obligation to support one's children exists whether or not the parents remain married. Basic child support in New York is calculated according to the Child Support Standards Act but there are certain add-ons permitted by state law. Child care falls under these add-ons.

What is an uncontested divorce?

Not every divorce has to be acrimonious. It is possible that a couple amicably agrees to end their association with one another and as a result, there are no disagreements as to major divorce issues, such as child custody and alimony. New York residents may have heard of the term 'uncontested divorce' used in this regard.

An uncontested divorce is when there are either no disagreements between the couple over divorce- related issues or one of the spouses agrees to the divorce or fails to appear for the action. In these circumstances, the paperwork in the divorce process is streamlined, with the documentation for property division and child custody being filed without dispute.

Does your parenting plan cover spring break and summer vacation?

Dividing custody between parents is difficult, even in the most amicable of divorces. There are certain days that you'll both want to be with your children. Holidays, school breaks and vacations are all coveted as ideal times to spend with your kids after a divorce. If your parenting plan doesn't explicitly handle all of these special events and more, you could find yourself in a dispute over custody.

When creating a parenting plan, you should take the time to address special events, like birthdays and holidays, as well as school vacations. Whether you're splitting parenting time evenly or one parent has primary custody, you should both be involved with your children as much as possible.

How does Bitcoin affect property division?

With the raging popularity of cryptocurrency, the term Bitcoin has become a regular household term for many. Known as a peer-to-peer electronic cash system, it gained popularity because users could transfer money to one another directly without the need for a go-between, like a bank or governmental authority. Users are assigned a string of numbers which becomes the address of their wallet where their Bitcoin is stored. The anonymity of the currency is one of its greatest appeals, especially for people looking to hide their assets during a divorce.

The form of currency may change, but the notion that people try to hide their assets in an attempt to get the best deal in property division is an old one. Since neither banks nor names are used, some people wrongly try to hide their assets from their spouses in the form of cryptocurrency, which can create complex property division issues.

Can a custodial parent relocate with children post-divorce?

Couples going through a divorce are usually already concerned about how the end of the marriage will effect their relationship with their children, so when the custodial parent announces an intent to relocate with the child, it could end up wreaking havoc in an already challenging situation. This issue can raise concerns about the visitation schedule, travel expenses, and even modification of child custody. These matters have to be addressed expressly and head-on as soon as possible.

Usually, divorced couples do not include this contingency in their original custody plans. Without an agreement between the parents, it is up to the courts in New York to make decision about the child's best interests when it comes to child custody issues as they relate to parental relocation. If the court finds that it is not in the best interests of the child for a custodial parent to move, then the custodial parent may have to reside within a certain radius of his her her current residence.

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