Custody And Child Support

Custody & Child SupportChild Custody

The issue of child custody can be the most emotional part of any divorce proceeding.  It is only natural for parents to have their strongest opinions when it comes to the care and support of their child.  The outcome of a custody proceeding will affect every aspect of both the parents’ and child’s life.

There are two forms of custody in New York: legal custody and residential custody.  Legal custody refers to which parent has the authority to make decisions for the child such as education and healthcare.  Whereas residential, sometimes referred to as physical, custody refers to where the child lives.  In a contested custody matter, the Court determines the custody arrangement based on what the Court believes to be in the best interest of your child.

Negotiating solutions to custody and visitation can provide a family with many benefits.  Attorney Ross S. Gelber will work closely with you to find the best possible solution to meet the needs of you and your child.

In highly contested custody cases, Ross S. Gelber is a skilled and assertive advocate who will fight to protect your rights as a parent.

Child Support

Each parent of a child is financially responsible for his or her child despite being divorced or separated. The issue of child support must be finalized in any divorce judgment or separation agreement.

The non-custodial parent pays child support to the custodial parent in accordance with the Child Support Standards Act (CSSA).  In accordance with CSSA, the presumptively correct amount of child support is based upon the parents’ respective incomes.

As with divorce or legal separation, parents who have a child out-of-wedlock are both financially responsible for the support of their child.  The Court will apply the same CSSA guidelines upon the filing of a petition for child support in the Family Court to determine the non-custodial parent’s share of support.

For more information please contact Ross S. Gelber at 716-632-5919 or at