Custody Laws In The State Of New York

by ECL Writer
children preference In New York custody proceedings

Custody laws in the state of New York are governed by the Domestic Relations Law (DRL) and the Family Court Act (FCA). The primary concern of the courts in New York when determining custody is the best interest of the child.

There are two types of custody in New York: legal custody and physical custody. Legal custody refers to the right to make decisions on behalf of the child, such as decisions about education, healthcare, and religion. Physical custody refers to the actual physical care and control of the child.

In New York, courts generally prefer to award joint legal custody, meaning both parents have the right to make decisions on behalf of the child. Physical custody can be awarded on a joint or sole basis, depending on the circumstances of the case.

When determining physical custody, the court considers factors such as the child’s age, health, and relationship with each parent, as well as the parent’s ability to provide for the child’s physical and emotional needs. The court may also consider any history of domestic violence or abuse.

In cases where one parent has been awarded sole physical custody, the non-custodial parent typically has visitation rights, also known as parenting time. The court may also order supervised or unsupervised visitation, depending on the circumstances of the case.

New York courts also have the power to order child support, which is typically paid by the non-custodial parent to the custodial parent to help cover the costs of raising the child. The amount of child support is determined by the court and is based on the income of both parents and the needs of the child.

Additionally, New York courts also have the power to modify custody and child support orders. A motion to modify custody can be filed if there has been a significant change in circumstances, such as a change in the child’s needs or the parent’s ability to meet those needs. A motion to modify child support can be filed if there has been a change in the income of either parent.

In summary, the state of New York has laws in place to ensure that the best interests of the child are upheld when determining custody. The courts have the power to award joint or sole legal and physical custody and have the authority to order child support and modify custody and child support orders. The courts consider the child’s age, health, relationship with each parent, parents’ ability to provide for the child’s physical and emotional needs, and any history of domestic violence or abuse when determining custody.

Custody Law In New York

Type Of Custody Laws In New York

In the state of New York, there are two main types of custody: legal custody and physical custody. There is other custody under physical custody you should know.

Legal Custody

Legal custody refers to the right and responsibility to make important decisions on behalf of the child, such as decisions about education, healthcare, and religion. In New York, courts generally prefer to award joint legal custody, meaning both parents have the right to make decisions on behalf of the child. This is because it is believed that the child will benefit from the input and involvement of both parents in important decisions that affect their lives. However, in certain circumstances, such as a history of domestic violence or abuse, the court may award sole legal custody to one parent.

Physical Custody

Physical custody, on the other hand, refers to the actual physical care and control of the child. Physical custody can be awarded on a joint or sole basis, depending on the circumstances of the case. In cases where one parent has been awarded sole physical custody, the non-custodial parent typically has visitation rights, also known as parenting time.

When determining physical custody, the court takes into consideration various factors such as the child’s age, health, and relationship with each parent, as well as the parent’s ability to provide for the child’s physical and emotional needs. The court may also consider any history of domestic violence or abuse. It is important to note that the child’s preference is not a determining factor in determining physical custody.

Joint Physical Custody

Joint physical custody means that the child spends significant amounts of time with both parents. This type of custody is often preferred by the court as it allows both parents to be actively involved in the child’s life and it helps to maintain the child’s relationship with both parents. In cases where both parents live close to each other and can provide a stable environment for the child, joint physical custody is often awarded.

Sole Physical Custody

Sole physical custody means that the child lives with one parent and the non-custodial parent has parenting time or visitation rights. This type of custody is often awarded in cases where one parent is deemed to be unable to provide a stable environment for the child, such as in cases of domestic violence, abuse, or neglect. In such cases, the court may also order supervised or unsupervised visitation, depending on the circumstances of the case.

Split Custody

Split custody is a less common form of custody, and it refers to a situation where one parent has physical custody of one or more of the children and the other parent has physical custody of the remaining children. This type of custody is only considered by the court in situations where it would be in the best interest of the children, such as when the children have different needs that would be better met by each parent.

In summary, the state of New York has laws in place to ensure that the best interests of the child are upheld when determining custody. The courts have the power to award joint or sole legal and physical custody and consider various factors such as the child’s age, health, relationship with each parent, parents’ ability to provide for the child’s physical and emotional needs, and any history of domestic violence or abuse. Joint physical custody is often preferred as it allows both parents to be actively involved in the child’s life and helps to maintain the child’s relationship with both parents, but in certain circumstances, such as a history of domestic violence or abuse, the court may award sole physical custody to one parent.

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