There are many misconceptions concerning divorce. Many people believe the divorce rate in the United States is substantially higher than the divorce rate of other countries. Based on a study conducted by the United Nations demographic yearbook, the United States is in sixth place among countries in the world regarding the prevalence of divorce.
All 50 states in the United States now have no-fault divorce statutes that makes getting a divorce easier. A study by the United Nations found countries that make it more difficult for individuals to get divorced have a lower divorce rates than countries where divorce was more easily obtained.
Many people think a mother will always get custody of the children in a divorce. This is simply untrue. In the State of New York, each parent has equal rights to obtain custody. The decision as to which parent receives custody is based on the best interest of the child or children. In the end, if the parties cannot resolve custody issues through negotiations between the attorneys, a hearing will be held. At the hearing, a judge will determine who is awarded primary residential custody of the child or children. In situations where both parents have been active in their children’s lives, joint custody is often the best route to follow.
There are numerous factors courts examine to determine who is the more suitable residential custodial parent. Custody litigation is complicated. Make sure to have an experienced Family Law attorney representing you in these proceedings.
About Elliot S. Schlissel
