Child Custody, Visitation
and Child Support
The Salant lawyers specialize in developing the strongest possible case to support your claim for child custody. Our attorneys make sure that you continue to be an important part of the life of your child after a divorce.
Child custody determinations address physical custody (where a child will live) and legal custody (the right to make major decisions on behalf of the child such as education and health care). If parents cannot resolve these issues through negotiation, the custodial claim must be addressed in court. The court must examine a variety of factors in child custody matters:
- The parent who has been the primary caregiver to the child
- The ability of each parent to provide for the needs of the child
- Willingness to foster a relationship between child and other parent
- The mental and physical health of the parents
- Allegations of domestic violence
- The child’s preferences
- The mental and physical health of the child
The non-custodial parent is typically granted a visitation which can be as specific or liberal as the parties agree. However, if safety of the children is an issue, the court may order:
- Supervised visits
- Therapeutic supervised visits
- Neutral place of exchange
- Monitored transition
Child support in New York is governed by the Child Support Standards Act (CSSA). The CSSA requires non-custodial parents to pay their proportionate share of the following percentages of combined parental income:
- One child 17%
- Two children 25%
- Three children 29%
- Four children 31%
- Five or more children No less than 35%
Parents can agree to “opt out” of the CSSA guideline amounts, but must provide justification for doing so. Child support payments in New York continue until the child turns 21 years old or is otherwise emancipated. Some parents agree to extend the child support period beyond the age of 21 through the completion of college. We represent clients in child support hearings to ensure that child support awards are fair when made and complied with thereafter.
Throughout Westchester County, Putnam County, Rockland County, Dutchess County, and NYC, the Salant lawyers will ensure you are represented strongly & efficiently from beginning to end in your child support, child custody and visitation issue.