New York Child Custody Laws
Child Custody Laws in New York include decisions about the upbringing of the child, such as where they will study and be raised. For anyone who is going through a divorce in New York, knowing the Child Custody Laws are extremely important, as they help you to understand whether you can keep your child or not, visiting laws, and the complexities surrounding joint custody of children. New York child custody laws are made up of several different facets.
The Kinds of Child Custody Include
- Sole Custody: Sole custody means that only one parent will be allowed to keep the Child and make all medical and educational decisions on their behalf. The other parent will be allowed to get the information if they so desire, but they will have no right of decision making.
- Joint Custody: Both the parents have the combined authority to make educational and medical decisions regarding the child. For this to work correctly, the parents have to work together in tandem to ensure that their child is not affected. Additionally, lines of communication between the parents have to remain open.
The Child Custody Laws in New York Incorporate the Following
- For the Court of New York to side with you in a child custody case, you will have to prove that your child has lived in New York for the past 6 months. This can be proven by showing school records or documents of shifting. However, if your child is less than 6 months of age, then you will have to show proof showing that they were born in New York, except under some special circumstances.
- If both parents are citizens of New York, and the child has also been born in the state, then the courts will not prefer custody of one parent over another. The custody of the child will depend on other factors, such as who can provide for the child more, and which parent has the best interests of the child at heart. Additionally, in some special child custody cases, the offspring can themselves choose who they would prefer to live with. However, these cases do not apply in an event of abuse, violence or neglect. Any person who has been convicted of manhandling their spouse or child will automatically lose custody, according to New York child custody laws.
- A parent who has physical custody of the child during the time the case starts will have an automatic advantage over the other parent.
- According to the Child Custody Laws, the court is not obligated to follow the wishes of the child, especially when they are of a younger age. However, the older the child is, the more easily they can get their choice of the parent.
- The Child Custody Laws of New York allows for visitation or custody rules to be canceled if there have been negative circumstances surrounding the child during one of their visits.
- If the parents were never married, and also did not sign a document acknowledging their paternity, then the Father will lose all rights of visitation and custody. However, if he still wants a visitation, he will have to prove parentage, ideally through a DNA test.
Even though the rules regarding visitation and child custody in New York are quite clear- cut, it is best advised to seek the counsel of a legal person, who is guided in matters regarding visitation and child custody. Child Custody Laws are a very delicate affair, especially due to the emotions of the parents and the wishes of the child. Thus, all cases are different, and they may require an examination on a case-to-case basis.