In New York, a custody order is used to give one or both parents responsibility for a child’s current and ongoing care. In addition, a custody order may also issue responsibility of a child’s care to an individual other than the parents. Custody in New York can be broken down into two parts that include legal and physical custody. A court has the right to issue custody orders on children until they are 18 years of age. When there isn’t a court order, legal and physical custody of the child will be equally divided between the parents.
Legal and Physical Custody
Parents who have legal custody have the right to make significant decisions about the care and upbringing of the child, which may include educational, medical, or religious decisions.
Physical custody is also referred to as residential custody. The parent who has physical custody is responsible for the physical supervision and well-being of the child.
Help With Custody Orders
Those who are in need of a custody order may be confused about where to begin. Should you file a petition first? Or would it be more suitable to handle proceedings through mediation? Making the right decision can be difficult, but a family law attorney can provide guidance through the custody process, which helps the process move smoothly.
Those who currently have a visitation or custody order may ask the court to modify the order through the Custody Modification Program. In addition, when the custody order is not being followed, the court will need to be notified so it can be enforced.
Best Interest of the Child
In New York, there isn’t a standard defination that explains the best interest of the child. In general terms, it typically focuses on factors that a judge will take into consideration when deciding custody. However, in New York, a judge’s should base his or her decision on the health and safety of the child.
New York isn’t biased to mother’s when it comes to custody. The court will grant custody and visitation based on the best interests of the child. In New York, fathers have the same rights to custody as mothers.
Factors That Influence a Child Custody Decision
A judge will consider several factors when determining the best interest of the child. Some of these factors may include:
Which parent primarily nurtured and cared for the child;
The physical and mental condition of each parent;
If domestic violence has been an issue in the past;
The lack or abundance of parenting skills;
Work schedules and daycare plans.
In addition, depending on the age of the child, a judge may ask the child what he or she wants in regards to visitation anc custody.
Sole and Joint Custody
Joint legal custody is when both parents must consult with each other when making significant decisions about the child. Sole legal custody gives one parent the right to make decisions about the care of the child.
Joint physical custody is when both parents share residential custody of the child. In most cases, parents will share the time equally. If a parent has physical custody of a child more than half of the time, then he or she is considered the primary residential parent, which allows them the authority to make some decision when the other parent isn’t present. Sole physical custody is when one parent has physical custody of the child, and the other parent has limited or supervised visitation.
What is an Ex Parte Order?
When a judge grands an order based only on information, it is known as an ex parte order. This information is usually in the form of testimony from one parent. Many judges will issue an ex parte order during family offense proceeding, which is when one parent is trying to obtain an order of protection against the other parent.
When ex parte orders are issued, a judge will set a court appearance to give the other parent the opportunity to provide his or her testimony in response to the other parent allegations. During this time, a judge may either continue, modify, or terminate an order of protection.
Contact a Family Law Attorney
When you are going through a custody hearing, a family law attorney can make the process easier and protect your parental rights. If you need assistance with parental custody, contact a Bronx family law attorney today. The best way to increase a successful outcome is by obtaining the help of a reputable family law attorney.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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