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September 2015 Archives

Who is the primary caretaker for child custody purposes?

As fathers have become more involved than they tended to be in the past, many divorced or separated parents in New York have moved toward sharing joint custody of their children. However, while this move might be appropriate for some families, child custody agreements focus on what is in the best interests of a child and not what his or her parents' wishes are. Depending on each family's unique situation, it might be more appropriate for a child's primary caretaker to maintain primary custody.

Failure to disclose all finances could complicate divorce

Depending on the terms of a couple's divorce settlement, the use of proceeds from property division might either need to be disclosed or held confidential. Since a judge must usually sign off on an agreement before a divorce can be finalized, refusing to adhere to the terms of an agreement can be viewed as an act of contempt of court. Although the court does not necessarily keep track of every agreement and whether both parties are following it, one person can file a petition with the court to have the other held to the agreement.

Divorce papers filed more often by women than by men

Modern day marital expectations have shifted considerably from previous decades, and those expectations could be fueling divorce rates for one gender in particular. Women in New York are far more likely to file for divorce than their male counterparts, and many of the possible explanations seem to resolve around a fairly simple factor -- happiness. While there might be no single reason behind any couple's divorce, researchers have found some very compelling reasons for the propensity of many women to file for divorce.

When it comes to frozen embryos, child custody laws do not apply

Couples in New York that were once unable to have biological children due to infertility are increasingly turning to in vitro fertilization -- IVF -- in order to get pregnant. This process often includes the freezing of embryos, especially those that were created prior to undergoing serious medical treatments. However, while some people might view their frozen embryos as possible future children, what happens to these embryos in a divorce is nothing like child custody.

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