Local Custody & Divorce Laws Clarified For FH NY Residents
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Ok my dear Forest Hills residents: Below is a snippet from the official NY government website indicating the the in’s and out’s of NY custody laws. “A New York court can make orders about the child’s custody only until the child is 18 years old. The Court gives custody based on what is best for the child, this is called the “best interest of the child.” If there is no court order, then both parents have equal rights to physical and legal custody of the child.”
After considering the evidence presented, the court will award custody based upon what is in the child’s best interests. In some counties in New York City, a custody or visitation case may be heard by a Family Court “court attorney-referee”, who may hear and decide the case and issue orders. If this makes sense to you, keep reading. If this all sounds like Chinese to you, it may be time to pick up the phone and a call a Forest Hills, Queens divorce or custody lawyer near you.
How Is Custody Determined in New York? In New York, child custody is not a 50/50 default judgment. Though it seems unfair that each parent wouldn’t get equal custody of the child, this is because the judge and courts will examine several factors to award custody.
In New York, there is no specific age when a child can decide who he or she wants to live with. The court has the final say until the child turns 18 years of age.
Once paternity has been legally recognized, a father has the inherent right to custody and visitation with his child. Either both parents must agree on custody and visitation arrangements, or they must go to court and allow a judge to make those decisions based on the best interests of the child.
A New York divorce court can make orders about the child’s custody only until the child is 18 years old. The Court gives custody based on what is best for the child, this is called the “best interest of the child.” If there is no court order, then both parents have equal rights to physical and legal custody of the child.
How a mother or father can lose custody
- Abusing or neglecting the child. …
- Using alcohol or drugs irresponsibly. …
- Abducting the child. …
- Disobeying court orders. …
- Interfering in the child’s relationship with the other parent. …
- Lying to the court. …
- Generally putting the child at risk.
It’s important to note that just because an unwed mother automatically has sole legal and physical custody of her child upon birth, that doesn’t mean it can’t change. If the father were to seek custody or visitation in the future, a court can change custody at a later.
In New York, there is no specific set distance in which a parent may be allowed to move with their child or not. New York’s family court judges custody orders and relocation matters on a case-to-case basis depending on the child’s best interests.
The unmarried birth mother is automatically given sole custody of the baby. Only after the father establishes paternity will he have any legal rights related to their child
A surrender of parental rights is when a child’s biological parents agrees to give up their parental rights voluntarily. The surrendering of parental rights is irrevocable. This means that it’s a permanent decision and can’t be canceled or changed. The surrender can be conditional or unconditional.
In general, non-custodial parents in New York have few rights. In most cases, a non-custodial parent will have the right to visitation. Visitation may be supervised or unsupervised, depending on the terms of the divorce or family court order.
