What is the Custodial Parent?
As an attorney regularly representing clients in the New York Family Courts throughout Westchester County, Putnam County, Dutchess County, Orange County, Rockland County and Bronx County, one the primary questions asked by clients who are involved in child custody and child support matters is, "what does it mean to be the custodial parent?"
Simply, the custodial parent is the parent who has been granted custody of the child or children pursuant to a court order or by agreement between the parties. In other words, it is the legal designation of which parent is the primary caretaker and decision maker for the child.
So, What Happens in Cases Where the Custodial Parent Has Not Been Determined?
In many divorce and family court cases, the issue of custody has not been determined by a court, nor is there a agreement between the parties. In such cases the absence of a formal custody order does not prevent the court from awarding child support. Rather, the courts will look to award child support to the parent who has standing to receive such an award as thede facto custodial parent or primary caretaker. The primary caretaker, depending on the circumstances, may be entitled to receive child support even where the parents are still residing together.
Additionally, the Family Court Act provides that a husband, wife, child or other relative in need of public assistance may originate a child support proceeding, even if there has been no formal determination of custody.
Do Not Delay in Seeking Child Support
If you or someone you know is involved in a Child Support proceeding in a divorce action or in one of the many New York Family Courts, it is important that you are represented by a proven and knowledgeable Family Law and Divorce attorney, who know the issues in all child support and child custody matters. The Family Law and Divorce lawyers of Proto, Sachs & Brown, LLP apply their over 50 years of combined experience to represent and protect your rights. Call today for a Free Consultation.