Divorce presents an array of legal considerations, especially for parents. If you are considering divorce and have an infant, you may be concerned about ensuring that your child gets the care they need while also preserving your relationship with them.
In New York, custody and child support laws are designed to prioritize the child's best interests. This can be more challenging when the child in question is an infant. Keep reading to learn more about New York's custody laws and how they might impact your divorce process.
Custody Laws in New York
In New York, custody is divided into two main types: physical and legal. Physical custody pertains to where the infant will live most of the time, while legal custody involves decisions regarding the child's upbringing, such as medical care and education.
Stability is vital for an infant's development. Infants also have different day-to-day needs than toddlers, especially if a parent is breastfeeding. This means that custody arrangements for divorcing couples with infants may look different than the average co-parenting situation.
Remember, the court's primary focus remains the child's best interests, evaluating factors such as the infant’s needs and each parent's ability to provide a nurturing environment.
Parenting Plans for Parents of Infants
Creating a parenting plan that caters to an infant's needs is essential. Such plans should allow for frequent contact with both parents while accommodating the infant's need for stability. Flexibility is critical, as an infant's needs change rapidly. Parents should be prepared to adjust parenting plans as their child grows, ensuring the arrangements remain in the child’s best interests.
When navigating custody arrangements for infants, parents may consider the following options:
- Joint physical custody: Both parents share physical custody, allowing the infant to spend significant time with each parent while maintaining a stable environment.
- Primary physical custody with visitation: One parent has primary physical custody, while the other parent has scheduled visitation rights, enabling the infant to nurture a relationship with both parents. This is often the option parents choose when a parent is breastfeeding and extended separation is not possible.
- Alternate weekend custody: The infant stays with one parent during the week and alternates weekends with the other, which may provide a stable routine.
- Flexible custody: Parents agree to a more adaptable arrangement that changes based on the infant's needs, parental availability, and any emerging circumstances.
- Schedule adjustments for breastfeeding: If the mother is breastfeeding, arrangements might include more frequent but shorter visits to accommodate feeding schedules.
Child Support in New York
Child support in New York is calculated using the Child Support Standards Act (CSSA), which outlines percentage guidelines based on the number of children. However, when dealing with infants, additional expenses may come into play.
These can include:
- Childcare
- Medical expenses
- Diapers
- Formula
Parents can negotiate their own agreements with the help of their attorneys for expenses not covered by standard child support.
The Value of Mediation in Child Custody Disputes
Mediation can be a valuable tool for parents struggling to come to terms during a divorce. This process facilitates more open communication between both parties, allowing for collaborative discussions aimed at finding mutually agreeable solutions without the adversarial nature of a courtroom. With the help of a mediator, parents can stay focused on their child's best interests and work towards a more amicable co-parenting relationship.
If you are considering mediation, consult with your attorney regarding the process. Remember, the mediator is a neutral third party and, as such, does not represent the interests of either parent. Those interested in mediation are encouraged to retain their own legal counsel during the process.
The Importance of Legal Representation
Navigating a divorce with an infant requires experienced legal representation. An attorney well-versed in New York family law, like ours at the Law Office of Tzvi Y. Hagler, P.C., can assist you with negotiating custody and support arrangements and represent you in divorce litigation.
Contact our firm online to schedule a consultation with our team.
