New York Divorce Lawyer Blog
Many married people with children ultimately decide to end their union. As such, in addition to relying on the courts to determine their rights and obligations with regard to assets and liabilities, they will look to the courts to decide how custody should be divided. While New York law is clear that custody determinations must be in a child’s best interests, in some cases, the court’s decisions do not reflect that and can be challenged. In a recent ruling in which the court amended the trial court’s order, a New York court discussed the grounds for overturning custody determinations. If you intend to seek a divorce and want to know how it may impact your parental rights, it is smart to speak to a New York child custody attorney promptly.
Factual and Procedural Background
It is reported that the parties were married in April 2013 and had two children together. In July 2018, they began living separately, and in February 2022, the husband initiated an action for divorce and ancillary relief. The wife responded with an answer, asserting various counterclaims, including one for child support. The court held a nonjury trial to address issues concerning custody, parental access, child support, and equitable distribution of marital property.
Allegedly, in a judgment of divorce issued in March 2023, the trial court awarded the husband final decision-making authority and primary residential custody of the children, with equal parental access time for both parties. The court denied the wife’s counterclaim for child support, directed the wife to pay the husband $7,500 in child support arrears at a rate of $150 per week, and awarded the husband $33,000 as part of the equitable distribution of the marital property. The wife appealed.
Grounds for Overturning Custody Determinations
On appeal, the court emphasized that the primary concern in custody matters is the best interests of the children, assessed under the totality of the circumstances. With that in mind, the court found that while the trial court’s decision to grant equal parental access had a sound basis, the decision to award the husband final decision-making authority lacked substantial support.
Specifically, the court found that the wife had been primarily responsible for key decisions regarding the children’s education, healthcare, and after-school activities, particularly due to the wife’s professional experience in special education.
The court also concluded that the award of primary residential custody to the husband was not justified by the record and determined that joint residential custody would better serve the children’s best interests.
Regarding child support, the court applied the Child Support Standards Act, which mandates a three-step process to determine the appropriate child support obligation. In shared custody situations, the parent with the higher income is typically considered the noncustodial parent for child support purposes.
The court agreed with the trial court’s decision to eliminate the husband’s child support obligation, finding it just and appropriate under the circumstances. However, the court found that the trial court had incorrectly classified the wife as the noncustodial parent for the period relevant to child support arrears. Since the wife had physical custody of the children for most of that time, the court ruled that the wife should not be responsible for the $7,500 in arrears. Accordingly, the court modified the judgment to reflect these findings but otherwise affirmed the trial court’s decision.
Meet with a Trusted New York Child Custody Attorney
If you have questions about how you can protect your parental rights in a divorce action, it is in your best interest to meet with an attorney as soon as possible. Ksenia Rudyuk is a trusted New York child custody lawyer who can analyze your case and inform you of your options for seeking the best outcome available. You can contact Ms. Rudyuk by calling 212-706-2001 or using our online form to arrange a conference.