Protecting your children

How Can I Protect My Children?

1. Don't bring a child into your arguments
2. Do not say anything derogatory about the other parent to or in front of your child.
3. Don't use a child as an intermediary
4. Do not ask your child to take sides.
5. Encourage your child to have a meaningful relationship with the other parent.
6. Encourage visitation and communication with the other parent.
7. Maintain a close relationship with your child whether or not he or she is living with you.

CUSTODY
I.  Types of custody:

a. Legal custody

i. Joint - If, despite your differences, you and your spouse can communicate about the needs of the children.
ii. Sole - One parent is unwilling or unable to co-parent the child. This type of custody is often the result of a trial on custody.

b. Physical custody

i. The children live primarily with one parent.
ii. That parent has physical or residential custody and will receive child support from the other parent.

II. Custody-factors to consider:

a. Age of children
b. Who has been their primary caretaker?
c. Would it be in the best interest of the children to be with mom? With Dad?
d. How much time does each parent want with the child?
e. Will you both continue to live in close proximity to one another?
f. Relationship between each parent and the child?
g. All things being equal, the Court will give physical custody to the parent who encourages the child to have a meaningful relationship with the other parent.

Child Support
New York has specific tables for child support.

I. Calculating child support:

a. Take the non custodial parent's gross income on his or her W2 and subtract Social Security and Medicare. This is the "Child Support Income". You then take a percentage of that income to determine child support.

i. One child 17%
ii. Two children 25%
iii. Three children 29%
iv. Four children 31%
v. Fiver or more children, 35% or more

WHAT YOU MUST CONSIDER:

Do you really want a divorce?
Have you tried marital counseling?
Temporary separation?
Consult with an attorney-know your rights.

Debra S. Bereck, Attorney at Law
120-126 North Main Street
New City, NY 10956
Phone: 845-634-4505
Fax: 845-638-9175
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