How To Get Full Custody In New York

by ECL Writer
How To File For Full Custody In New York Online

Child custody battles can be emotionally and financially draining, but they are a reality for many parents. If you are a parent in New York and are seeking full custody of your child, you may be wondering about the legal process and what you can do to increase your chances of success. In this article, will provide you with some valuable information and tips on how to get full custody in New York. We will cover topics such as the different types of custody, the legal requirements for obtaining full custody, the factors that are considered by the court, and the steps you can take to strengthen your case. Whether you are starting your custody battle or are already in the midst of one, this article will provide you with a helpful guide to navigating the process in New York.

“How do I get full custody of my kids?” is a frequent query in divorce proceedings. Given the complexity of New York’s custody laws, there is no straightforward response to this query. In New York State, sole custody and joint custody are the terminologies used, while physical custody and legal custody are the forms of custody. There isn’t exactly a legal meaning of “full custody” there. It’s critical to comprehend 1) the many sorts of custody available in New York State and 2) the factors the court takes into account when approving a custody and visitation arrangement.

How Do New York Custody And Visitation Work?

Legal responsibility for a child’s upbringing is known as custody. Where the child resides is known as physical (or residential) custody. Decision-making authority over matters including the child’s general welfare, religion, health care, and education rests with the person with legal custody.

When a court permits a non-custodial parent (the parent who does not have primary physical custody) or caregiver to spend time with the kid, this is referred to as visitation and is related to physical custody. Visitation can be requested by grandparents and other non-biological caretakers as well. A visitation agreement will specify a regular visitation schedule, such as every other weekend and Tuesday evenings. Additionally, a timetable for holidays, summer vacations, and school breaks will be included.

The terms “sole custody” and “joint custody” are used to describe how this is divided. When Parent A has sole custody, the non-custodial parent does not have any say in the child’s welfare. Parent B may be entitled to receive information about their child’s health or education, but they do not have the authority to make decisions. Joint custody entails that the decision-making for the child belongs to both parents equally.

Types Of Custody In New York

To determine which custody or visitation arrangement is in the best interests of the children concerned, the judge will consider a number of considerations. There are various methods that the courts might divide up custody. Here are a few instances:

Joint physical and joint legal custody

Children spend roughly equal amounts of time with each of their parents (50/50). Major decisions regarding the children, such as those involving their health or education, must be made with the consent of both parents.

Sole physical custody and joint legal custody

The children reside mostly with Parent A, who is designated as the custodial parent and has been awarded sole physical custody. The non-custodial parent, Parent B, is given visitation privileges. Major decisions regarding the children, such as those involving their health or education, must be made with the consent of both parents.

Sole physical custody and sole legal custody to one parent

Both sole physical and sole legal custody is given to Parent A. They are the primary decision-makers for the children because they reside with them. Parent B is permitted visiting privileges and has a right to information about their children, including information on their schools, doctors, and religion, but she lacks control over the final decisions.

The aforementioned are only a few instances and not an exhaustive list of the various methods used by New York courts to award custody.

How To Get Full Custody In New York

Proving sole custody is in the best interests of your children

Only a small number of states will give the best of two good parents exclusive custody. Until proven otherwise, New York law presupposes that regular, ongoing contact with a parent is in the child’s best interest. As a result, shared custody agreements are now more common in New York courts, with the exception of situations where one parent is deemed unfit and custody would be detrimental to the kid. You must be prepared to prove that your spouse is unsuitable if you firmly believe that you should have sole physical or legal custody of your children. Read my guide on How to win full custody in New York.

Getting full custody of a child in New York is a complex and often a difficult legal process. Here are some general steps that you may need to take in order to obtain full custody:

  • Understand the different types of custody: In New York, there are two types of custody – legal custody and physical custody. Legal custody gives a parent the right to make major decisions about the child’s upbringing, while physical custody determines where the child lives.
  • Gather evidence: If you are seeking full custody, you will need to gather evidence that supports your case. This may include medical records, school records, police reports, witness statements, and other documentation.
  • File a petition: To start the custody process, you will need to file a petition in family court. You may also need to attend mediation or other alternative dispute resolution proceedings to try to reach an agreement with the other parent.
  • Attend court hearings: If you and the other parent cannot come to an agreement, you will need to attend court hearings to present evidence and arguments in front of a judge. You may also need to testify in court.
  • Hire a lawyer: While it is possible to represent yourself in a custody case, it is generally recommended to hire an experienced family law attorney to help you navigate the legal system and advocate for your rights.

It’s important to note that each custody case is unique, and the process may vary depending on your specific circumstances. It is always a good idea to seek legal advice from an experienced family law attorney who can help guide you through the process and ensure that your rights are protected.

If We Both Share Custody, Do I Still Have To Pay Child Support?

Child support will be discussed in your divorce even if joint physical custody with a 50/50 time split is awarded. The law of the state of New York requires child support. To determine who is responsible for paying it and how much, the courts apply a formula.

Child support is not viewed as “punishment” for one parent over the other; rather, it is seen as being in the best interests of the children.

Factors New York Court Considers In Deciding Custody

The court may consider any factor it feels is relevant to the best interests of the children. Common factors in child custody litigation include:

  • Age of parents — Unless there is a significant difference, age is not much of a factor.
  • Alcohol and drug use — DUI arrests, habitual drunkenness, and the use of illicit drugs can disqualify a parent for custody.
  • Availability — Parents must be present to supervise children. A demanding career, especially one that requires frequent travel, will likely count against a parent.
  • Disability or poor physical health — A custodial parent must have the energy to perform parental duties.
  • Domestic violence — A parent who has a criminal conviction for domestic violence, or who is the subject of an order of protection, can easily be found unfit for custody.
  • Finances of parents — This is rarely a factor since the court can balance any financial disparity with child support orders.
  • Findings of child neglect or abuse — Substantiated allegations of neglect and abuse are proof of parental unfitness.
  • Home environment — A custodial parent must provide a safe, healthy home for the children.

In disputes over sole physical vs shared custody, it’s not always necessary to litigate in court. In many cases, showing a willingness to litigate can convince your spouse to come to the table and work out a voluntary custody agreement, even if it means awarding you sole custody.

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