New York State
Where there are children of the marriage residing in New York State and under the age of 18, a demand for custody is mandatory in divorce actions. Whether the parents are divorced or just separated one parent cannot demand the child stays between the parents. Where the children reside outside New York State custody may not be determined, except in some instances by stipulation. Custody may not be awarded to a person other than the father or mother, except under unusual circumstances which require a hearing. Children under the age of 21 must be supported by both parents to the extent that they are able to support the children under the provisions of the Child Support Standards Act.
Since the 1970’s the divorce laws in most western nations recognized fathers as real parents and both parents are financially responsible, was the emergence of custody battles. Before the 1970’s child custody battles were almost unheard of in the United States.
See paternity for discussion of judicial recognition of affiliation which may be necessary before custody or support may be determined.
Read more about this topic: Child Custody Laws In The United States
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