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Once a divorce suit has been initiated, the primary problem facing many divorcing couples typically relates to the couple’s children. Divorce with children involved in New York can be described as either contested or uncontested depending on the circumstances. Where there is an uncontested divorce, the two spouses have reached an arrangement concerning how every joing asset is to be split, and are also in agreement regarding child support, custody and other issues concerning the children. Where there is a contested divorce in New York, some issues exist on which the couple cannot reach agreement . This can involve custody disagreements or issues concerning martial assets.

In the state of New York a divorce with children involved is taken as being a grave responsibility for the courts. A large amount of time and resources are given to decide what solutions are most beneficial for each child. When there is a contested divorce, the children must be assessed by child psychologists, so as to determine if the children are suffering any detrimental effects of the divorce. These psychologists meet with the children individually also to aid in the custody decision. Usually this approach involves a minimum of two consultations with the child psychologist, and it is essential that a different parent should take the child to an interview each.

Usually when there is a divorce with children involved, the determination of custody can also stipulate which member of the marriage is left with the couple’s former home. Usually the custodial parent is given the opportunity to live in the family’s home in conjunction with the children until they reach adulthood. However this can depend on a number of factors, such as the percentage of the children’s lives during which the family were living in the house. Alternative items which come under the jurisiction of the court include child support. A careful examination of the martial finances has to be conducted so the court can arrive at a correct division of the marital assets. This will also affect the amount of child support which the noncustodial parent must pay. The custodial parent can also request that a decision be made in terms of any college expenses pertaining to the children, irregardless of their age at the time of the divorce.

In the event of an uncontested divorce with children, the New York divorce courts possess the legal right to make a ruling concerning the custody of the children. Even where the divorcing couple have already reached a compromise on the custody issue, the courts can subvert this settlement if they feel that it is in the best interests of the children.