Primary Physical Custody In New York State
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How to fill out USLegal Pamphlet On Primary Custody?
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FAQ
Generally, the lower-earning parent will be treated as the ?custodial parent? and the higher-earning parent will end up paying child support.
How do I ask the court for custody or visitation of my child? Anyone can file a custody or visitation petition in Family Court. The parent must name the other parent on the petition and explain the reasons why he/she should have custody. Either parent in a custody or visitation petition has the right to an attorney.
Physical custody refers to which parent the child primarily lives with. The parent who the child resides with for 51% of the time or more has primary physical custody. When both parents have exactly equal time with the child, 50-50, that is referred to as shared physical custody.
There is no specific age at which the court begins considering the preferences of the child. The court will generally give more weight to the child's preferences the older they are, but there is no particular threshold or cutoff for when the court will consider a child's preferences.
A parent who has primary physical custody may be referred to as the custodial parent or primary caretaker. This parent will spend the most time with the child and will be responsible for the child's care the majority or all of the time, depending on the custody arrangement.