Custody can be decided when there has been a new york divorce or when the parents have not been married but have had a child together. Even though an initial child custody arrangement may work for a number of years there will likely come a time when the arrangement needs to be adjusted.
In a child custody dispute the court may award joint custody to both parents or sole custody to a single parent.
How to get custody of a child in nyc. There are two types of child custody. If you and your spouse cannot reach an agreement on the custodial arrangement for your child then custody can be determined through family court or as part of a divorce action. In new york custody orders usually include a visitation schedule unless one parent is found unfit.
A new york court can make orders about the child s custody only until the child is 18 years old. Learn about child custody in steuben county new york. Final orders can be reached in two ways.
The custody order is part of the divorce judgment. Sometimes if the parents are married and getting a divorce one of the parents file for custody as part of the divorce in supreme court. This is most often due to changes in the children s needs as they grow or changes in the parents circumstances surrounding work or their personal life.
Physical custody entitles a parent to have his her child live with him or her and legal custody refers to the right and duty to determine aspects of your child s upbringing e g education medical care etc. Neither parent has a better chance of getting custody in new york which means that a father can get custody. The petition should be filed in the county where the child lives.
The court will base its custody decision applying the standard of what is in the best interests of the child which there is no hard and fast rule or guideline to apply. Child custody is one of the most heavily contested decisions in divorce proceedings. Some can be skipped or rearranged and others added depending on your circumstances and county.
At any point parents can agree on a plan and have a judge sign it. Litigating custody of a child in new york consists of seven main steps. Custody cases are usually started in family court.
There is also a difference between sole and joint or. Some orders require parents to agree on a schedule at a later date. Then they jump step 7 of the court process.
Child custody modification in new york. Child custody cases are decided on a case by case basis. Preferably the parties draw up the terms together and a judge signs off to finalize them provided they are in the child s best interests.
How child custody works in new york find and use the steuben county family law court find a good child custody lawyer get help creating a parenting plan and enforce a child custody order. Legal custody physical custody. Child custody cases in new york can be either contested and resolved by court order or noncontested and defined in a child custody agreement between the parents.
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.