At what age can a child choose which parent to live with in NY?
Whether a child is 3, 7, or 17, their preference is always important, however, once a child reaches the age of 13, the child’s wishes will be given more weight. Still though, a younger child’s preferences will not fall on deaf ears; judges are interested to learn what these preferences are.
How is sole custody determined in New York?
The child’s best interests are also the most important factor for the court when deciding whether a situation warrants granting sole custody. Custody laws in NY provide that there are specific factors that constitute the best interests of the child.
Can a court give sole custody of a child?
The court may grant both physical and legal custody to one parent (sole custody) or both parents (joint custody). Legal custody involves your rights as a parent, including making decisions about a child’s healthcare and education. Physical custody involves the decision on where your child lives.
What are the different types of child custody in NY?
Types of custody can include: Joint custody. This is where both parents share custody based on a schedule that is decided by them or by the court. Joint custody in NY is common. Sole custody. This is where only one parent has custody of the child.
Can you settle a child custody case in New York?
If you are settling your case, you can settle child custody or your entire case, which could include visitation, child support, and other issues. Ronna L. DeLoe is a freelance writer and a published author who has written hundreds of legal articles.
The child’s best interests are also the most important factor for the court when deciding whether a situation warrants granting sole custody. Custody laws in NY provide that there are specific factors that constitute the best interests of the child.
When does a court order custody in New York?
A New York court can make orders about the child’s custody only until the child is 18 years old. The Court gives custody based on what is best for the child, this is called the “best interest of the child.” If there is no court order, then both parents have equal rights to physical and legal custody of the child. Legal Custody & Physical Custody
Can a parent have sole physical custody of a child?
One parent can have either sole legal custody or sole physical custody of a child. Courts generally won’t hesitate to award sole physical custody to one parent if the other parent is deemed unfit — for example, because of alcohol or drug dependency or charges of child abuse or neglect.
Can a court award sole custody to a noncustodial parent?
However, in most states, courts are moving away from awarding sole custody to one parent and toward enlarging the role both parents play in their children’s lives. Even where courts do award sole physical custody, the parties often still share joint legal custody, and the noncustodial parent enjoys a generous visitation schedule.