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===Children=== There are three keys issues when children are involved in a divorce or separation: # '''Child custody''' - physical custody (where is the child's main residence) and legal custody (who makes decisions about the child) are the two elements of custody. Custody may be joint (shared by consent between the parties) or it may be sole as determined by agreement or by court order. Before custody is awarded the court usually undertakes various investigative steps to determine what is in the best interests of the child or children. If custody is not decided upon by consent (with the court and a court-appointed law guardian representing the child) then a hearing takes place at which both parties present evidence to determine who should have custody in the best interests of the child (or children). The forms for filing for custody and visitation can be found online.<ref>{{Cite web |title=Custody & Visitation Forms {{!}} NYCOURTS.GOV |url=https://ww2.nycourts.gov/forms/familycourt/custodyvisitation.shtml |access-date=2023-03-15 |website=ww2.nycourts.gov}}</ref> # '''Child visitation''' - the parent who does not have physical custody has either: a) reasonable rights of visitation, b) a specified visitation schedule, or c) is limited to supervised visitation. Only in very rare cases may the non-custodial parent be denied visitation. Usually, this is for very specific reasons such as severe substance abuse, history of domestic violence or lack of interest in the child. # '''Child support''' - In New York the amount of [[child support]] paid by the non-custodial parent to the custodial parent is determined by the state ''Child Support Standards Act.'' Based on an [[adjusted gross income]] formula the payments are 17% for one child and 25% for two children. There are limits that can be reached for individuals with very low income below the poverty level or very high income (statutorily above $80,000 but usually over $150,000) that will allow for deviations from these percentages. Over and above monthly or weekly child support, the court is also able to award a child support "add-on" for daycare costs if the custodial parent works, educational costs for the child (usually limited to college, not private or religious elementary or high school), and medical expenses, including the cost of medical insurance.
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