Clarification on Divorce & Custody Laws for FH NY Residents

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Beloved Forest Hills citizens, the following is an extract from the authentic NY administration site highlighting the details concerning NY child custody rules. A New York court possesses the ability to issue orders regarding minor’s custody only until they reach the age of 18. The decisions are made keeping in mind the child’s welfare. In the absence of any court guidelines, both the parents share equal physical and legal custody rights of the child.

The court issues a custody verdict considering the provided proof and decides what is the optimal solution for the child. Certain counties in New York City’s system may designate a Family Court “court attorney- referee” to adjudge a custody or visitation case and pass the necessitated orders. If the information is comprehensible, keep reading. However, if it doesn’t make much sense to you, it may be appropriate to consult a Forest Hills, Queens lawyer for divorce or custody matters.

The determining process of custody in New York does not follow the 50/50 presumption. It might seem unjust not to grant an equal share of custody to both parents, but the courts and judge examine several factors before granting custody. There is no stipulated age defined in New York for a child to pick whom they want to stay with. The court’s decision is ultimate until the child has attained 18 years.

Subsequent to the legal acknowledgment of paternity, a father acquires the vital right for custody and visitation of his child. Either both parents must reach a mutual agreement on the conditions of custody and visitation, or they should approach the court for a ruling on the matter, ensuring the child’s best interests are taken into account.

A divorce court in New York maintains the authority to issue orders related to the child’s custody only until the child is 18 years of age. The court’s orders are always based on what’s best for the child. In the absence of any court order, both parents are entitled to equal custody rights of the child.

The potential reasons for a mother or a father losing custody are:

  • Mistreatment or negligence towards the child.
  • Reckless usage of alcohol or drugs.
  • Kidnapping of the child.
  • Disregard for court orders.
  • Interference in the child’s relationship with the other parent.
  • Deceiving the court.
  • Engaging in actions that endanger the child.
  • An unmarried mother is given sole custody of her child upon birth. However, this doesn’t mean it can’t be altered. If the father applies for custody or visitation in the future, the court retains the authority to change the custody at a later date.

    No specific stipulated distance has been defined for a parent’s relocation with their child in New York. The court in New York evaluates each case depending on the child’s best interests.

    For unwed couples, the mother is given complete custody of the child upon birth. She maintains these rights until the father officially acknowledges paternity.

    Parents willingly renouncing their rights is called surrender of parental rights. This decision is irreversible, meaning it is a permanent decision and cannot be revised or reversed.

    Generally, noncustodial parents in New York have minimal rights. Mostly, the noncustodial parent still retains the right to visitation. Depending on the divorce or family court order, visitation may be supervised or unsupervised.

    For affordable, proficient, and friendly legal aid in Forest Hills Queens: Aronov Esq Contested Divorce Lawyer 98-14 Queens Boulevard Rego Park, NY 11374 (718) 206-2050

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