New York divorce lawyers should take heed of Mizrahi-Srour v. Srour, decided by the Appellate Division, Second Department on April 13, 2016. It was an appeal after trial. The wife granted sole custody of the parties' children, spousal maintenance of $100 per week for five years, which would be increased to $200 per week if the husband did not provide a religious divorce ("Get") to the wife within 60 days, child support of $401.21 per week, which would be reduced to $370 per week if the spousal maintenance increased to $200 per week, support arrears of $47,324, distributed 70% of the marital assets to the wife and awarded a $ 70,000 counsel fee to the wife's attorneys.
When a New York couple determines that they need to get a divorce, it is likely that one or both parties want custody of any children that resulted from the marriage. However, as with any legal process, filing for custody can be confusing.
There are two types of legal custody that a court may award to the divorcing parents of a child. These are sole and joint legal custody, and before the court issues an order, each parent could make a case for the type of custody that they prefer. With sole legal custody, only one of the parents has the right to make vital decisions regarding the child. This leaves the other parent with no legal rights to make child-related decisions. These decisions include the religious values that the child is taught, the school that the child attends and the type of health care that the child receives when it is needed. The child also lives with whoever is awarded sole legal custody.