A custody order transfers responsibility for the care of the child and how the child is raised to one or both of the child`s parents or to someone else. There are two parts of custody: (1) legal custody and (2) physical custody. If you receive a custody order, you may have the right to make decisions about your child (custody) and the right to let your child live with you (physical custody). One. If one parent objects to joint custody, the chances of a judge ordering it are slim because of the degree of cooperation required for joint custody to work. Joint custody involves parents communicating with each other and making compromises when making decisions about the child. Therefore, this is generally not a good solution for victims of domestic violence, as the abuser usually has power and control over the victim and may not be sure for the victim to disagree with the abuser. If the victim cannot have the same input and power in the relationship, decisions about the child to be made together are often made by the abuser alone. However, joint custody can sometimes be designed so that each parent has full control over a particular area of the child`s life.
For example, one parent has exclusive control over medical matters and the other parent has exclusive control over educational and religious matters. This may be a better solution for victims of domestic violence who want shared custody.2 It`s hard to say what will necessarily “amplify” your changes in getting a larger custody agreement. However, the following things would certainly go a long way toward getting you a fair and reasonable custody settlement: So if New York courts don`t always favor a parent, you might be wondering if New York is a 50/50 custody state? No, custody laws in New York do not require custody to be shared 50/50. If there is no court order, both parents have the same right to physical and legal custody of the child. For more information about custody in New York City, see The Basics: Custody and Visitation in New York State, created by an organization called Her Justice. (WomensLaw is not affiliated with this organization.) The general rule is that New York State courts have jurisdiction to hear a custody case if New York is considered your child`s “home state.” 1 A child`s country of origin is the country in which the child last lived with one of his or her parents (or a person acting as a parent) for at least six consecutive months. In the case of a child under six months of age, the country of origin is the State where the child has lived since birth. A short temporary absence from the state changes nothing.
If you can`t get a lawyer to help you and you`re considering filing an application for custody yourself, you should check the New York courts website, which has links to documents you need to fill out and file in court. Even if you plan to represent yourself, you should try to have your documents reviewed by a lawyer before filing them. Note: You do not need a custody order to apply for child support.4 It is important for parents to try to resolve their differences without court involvement, especially when it comes to access and custody issues. If possible, avoid a prolonged diabolical fight. It is important to seek legal advice from an experienced lawyer. 50/50 custody arrangements are certainly possible in New York, and courts generally prefer to include both parents in the child`s life. But there is no automatic assumption in New York that there should be a 50/50 custody agreement. What happens if the other parent does not comply with the custody and access order? One. Custody orders in New York are always subject to change in the best interests of the child if circumstances change significantly. For example, if one parent starts using a lot of drugs or stops visiting and communicating with the child, a court could move from joint custody to sole custody. If you don`t feel comfortable with the abuser alone with your child, you may want to consider asking the judge to order that visits with your child be supervised.
If you are already in court because the offender requested visits or custody, you may not have much to lose by asking for supervised visits if you can provide a valid reason for your request (although this may depend on your situation). If there is no custody order yet, it makes things more difficult because you may have to go to court in the state where the children live. However, if a custody order is already in place, it is not that easy and the court could require that the child be returned to New York State. As noted earlier, the term “joint custody” refers only to legal decision-making entrusted to the divorced parents of a child. In addition to legal decision-making, the child must physically live in one of his or her parents` homes. Typically, one New York family court will appoint one parent as guardian (also called a residential parent or primary parent), and the other will be the non-custodial parent. Sometimes a court grants “joint physical custody,” although this term may not be used to describe the housing situation. In such a case, the child shares time with both parents. Otherwise, custody is decided without agreement between the parents after an application for custody has been filed in the family court and the proceedings have taken place, or as part of a divorce action following a trial or custody hearing. A judge may also award joint custody to both parents. If you have joint custody with the other parent, you and the other parent generally have the same rights and obligations to make decisions that affect your child`s life. This means that you and the other parent have influence over decisions, such as: where your child goes to school, what kind of religious education your child receives, and whether your child needs surgery.1 A New York court can only decide custody of the child until the child turns 18.
The court awards custody on the basis of what is best for the child, which is called the “best interests of the child”. What are the custody laws in New York? Read on to learn how courts determine child custody in New York City and more. And if you`re considering hiring a New York attorney for your case, hopefully you`ll create an account with us. Our mission is to help people find the right legal aid at the right price. If you can`t agree on a custody agreement, the court will conduct proceedings on a custody application or divorce lawsuit to make a custody decision, and the court will make the custody decision for the parties. One. In New York, joint custody refers to both custodial parents. There is both legal custody and physical custody. Custody provides the power to make decisions for the child, such as medical care, education and religious practices.
Physical custody is where the child lives. Even if a couple has equal custody of a child or close to a child, a New York court will not call it “shared custody.” Physical custody, on the other hand, refers to the person with whom the child lives and who is responsible for his or her physical well-being. To start changing your custody order, you will need to complete the “Change of Custody or Access Rules” forms. You can get the forms at the courthouse or you can file a change of custody or visit request online on the New York City Court website. We recommend that you hire a lawyer to represent you. Visit our NY Find a Lawyer page for legal recommendations. Even if you don`t have a lawyer to represent you, you may still want a lawyer to review the documents before filing them. In deciding legal and physical custody, New York courts will consider the “best interests of the child.” This begs the question, “What does `best interests of the child` really mean?” However, there are many reasons why you may choose not to receive a custody order from a judge.
You may not want to turn to the courts or you might have an informal arrangement that works well for you. You may think that going to court will provoke the other parent in some way. Once the judge has decided on custody, it is common for them to make some sort of access order for the other parent, which could discourage someone who does not want the other parent to have a regular visitation schedule with their child. If a parent committed murder or sexual assault: If one parent is charged with murder 1. or 2. To the degree of conviction of a parent, legal guardian, legal guardian, sibling, half-brother or half-sibling or half-brother or half-sister of a child who is the subject of custody proceedings, that parent cannot obtain custody or access.