The New York Family Court (and sometimes the Supreme Court) has jurisdiction over NYS child-custody issues. Those seeking custody, faced with a petition for the same or just looking to research their parental and visitation rights should learn the basics of New York child-custody laws.
What type of custody is important to you?
Some people mainly want to be able to make important life decisions on behalf of their children. This is legal custody, and you may have this custody even if you do not physically take care of your children (physical custody). Of course, you are going to want to have some percentage of physical custody or at least visitation to show that you have the child’s best interests at heart. This may help you in the case of disputes over legal custody, as well.
Factors for Child Custody in New York
You need to act in certain ways to show a court that you are a deserving father or mother. For example, if you are involved in divorce proceedings, then child custody generally becomes part of those proceedings. At all times, you should conduct yourself as if you may be facing a child-custody hearing at any time. The Supreme Court (in a divorce case) or the Family Court (in a separate child-custody petition) will look at the following factors to determine who should have custody of a child. In many cases, both parents will be deemed to be fit, resulting in some form of joint or shared custody:
1. The preference of the child can be a factor, but it depends on whether the judge thinks the child is mature enough to form a reasonable and prudent opinion.
2. In some cases, an order which would separate the children can be relevant. This could cause a court to seek to keep the children together at all or most of the time.
3. In requests for changes to an existing custody order, the court should consider the length of time of the existing order.
4. Abandonment of the child and instances of abduction can influence a New York child-custody decision. Any past violations of the law with respect to custody should also be considered.
In appropriate cases, other factors may come into play. The following 3 often come up:
1. Cooperation with respect to visitation. For example, if a parent continually refuses to show up at the scheduled visitation time, that could negatively affect the parent.
2. Instances of taking the child to live out of town can also affect the order.
3. In some cases, a vindictive parent will falsely accuse the other parent of child abuse to get custody. If the court determines that false accusations were made, that could negatively impact the accusing parent.
In addition, domestic violence can be relevant. If the court determines that such violence occurred, it must also decide what effect that may have on the children and factor that into the overall custody decision.
If you have children, always consider these factors before a dispute arises in a New York court for child custody. Because past conduct is so relevant, you want to be on your best behavior at all times as a parent.
Note: No single factor is used to make a decision. All relevant factors are weighed to determine an order that is in the best interests of the child.
It is possible to go to Family Court and file a petition. You may also be assigned an attorney if you cannot afford one for a New York child-custody dispute. According to Legal Assistance of Western New York, it would be difficult to handle custody issues without a lawyer in Supreme Court.
Always consult a licensed New York state family attorney if you have questions about state child custody.
