Custody battles can be emotionally draining and legally complex, especially in New York State. If you are seeking full custody of your child or children, you likely have a lot of questions. In this article, Eastcoastlaws.com will provide answers to some of the most frequently asked questions about full custody in New York.
What Is Full Custody?
Full custody, also known as sole custody, means that one parent has complete legal and physical custody of a child. This parent has the right to make all decisions regarding the child’s upbringing, including education, medical care, and religious upbringing. The other parent may have visitation rights, but they do not have any decision-making authority.
How Do I Get Full Custody In New York?
To obtain full custody in New York, you will need to file a petition with the court. You will need to show evidence that the other parent is unfit or that joint custody is not in the best interests of the child. The court will consider factors such as each parent’s ability to provide for the child’s physical and emotional needs, their relationship with the child, and any history of domestic violence or substance abuse.
Can I Get Full Custody If The Other Parent Is Abusive?
Yes, you may be able to obtain full custody if the other parent has a history of domestic violence or abuse. The court will consider the safety of the child as the most important factor in determining custody. If you can prove that the other parent poses a danger to your child, you may be able to obtain full custody.
Can I Get Full Custody If The Other Parent Is Absent?
If the other parent has been absent from the child’s life for a significant period, you may be able to obtain full custody. The court will consider the best interests of the child and may determine that it is in the child’s best interests to have one stable and consistent caregiver.
What Is The Difference Between Legal Custody And Physical Custody?
Legal custody refers to the right to make important decisions about a child’s upbringing, such as education, medical care, and religious upbringing. Physical custody refers to where the child lives and who has the responsibility for their day-to-day care. Full custody includes both legal and physical custody.
Can I Get Full Custody If The Other Parent Agrees To It?
If the other parent agrees to give you full custody, you can submit a stipulation to the court for approval. However, if the other parent changes their mind, they can challenge the custody agreement in court.
Can I Modify A Custody Order?
Yes, you can modify a custody order if there has been a significant change in circumstances since the original order was issued. For example, if one parent has relocated or there has been a change in the child’s needs, you may be able to modify the custody arrangement.
How Does The Court Decide What Is In The Best Interests Of The Child?
The court will consider a variety of factors when determining what is in the best interests of the child, including:
- Each parent’s ability to provide for the child’s physical and emotional needs
- The child’s relationship with each parent
- The child’s preference, if they are old enough to express it
- Any history of domestic violence or substance abuse
- The child’s medical and educational needs
- Each parent’s willingness to encourage a relationship with the other parent
Can A Child Decide Which Parent To Live With In New York?
In New York, there is no specific age at which a child can choose which parent to live with. However, the court may consider the child’s preference if they are mature enough to express it and if it is in their best interests.