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October 2014 Archives

What are the different forms of child custody in New York?

Divorcing parents in New York are often able to put their differences aside when discussions turn to the welfare of their children, and the courts take the same pragmatic approach. If a judge is called upon to make a decision regarding child custody, such a decision will be made based upon what is considered to be in the best interests of the child.

Grounds for divorce under the laws of New York

New York law requires that a person petitioning for divorce provide a reason for the action. There are seven legally-acceptable grounds for divorce set forth in section 170 of the state's Domestic Relations Law. The first six of the grounds require specific activity on the part of one of the spouses. They are abandonment, adultery, imprisonment, cruel and inhuman treatment, living separately by the terms of a decree or judgment of separation and living separately by the terms of a separation agreement.

What factors are considered in a custody dispute?

Of all of the difficult aspects of any divorce in New York, the need to decide any matter of child custody generally ranks among the hardest. Court systems throughout the state tend to follow certain guidelines when making rulings on child custody.

How is paternity determined through DNA tests?

DNA technology has advanced to the point where paternity testing can identify a child's father with very little error. When a couple in New York needs to determine paternity, one can compare DNA samples for similarities. DNA fingerprinting is a simple way to determine paternity, and this process involves using a restriction enzyme to cut out some sequences of DNA but not others and then compares the results. When using restriction enzymes to create DNA fragments, what is left of a child's DNA would resemble a combination of two parents' DNA.

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